m 


LIBRARY 

OF  THE 

UNIVERSITY  OF  CALIFORNIA. 


OF1 


Mrs.  SARAH  P.  WALS  WORTH. 

Received  October,  1894. 
Accessions  No.T,      Class  No. 


THE  AMERICAN  DEBATER. 


- 


THE 


AMERICAN  DEBATER 


A  PLAIN  EXPOSITION  OF  THE  PRINCIPLES  AND 
PRACTICE  OF  PUBLIC  DEBATE: 

WHEREIN  WILL  BE  FOUND, 

AN  ACCOUNT    OF    THE    QUALIFICATIONS    NECESSARY   TO  A  GOOD    DELIBERATIVE 

ORATOR,   AS  ALSO  THE  MODE   OB1  ACQUIRING  THEM,    THE  RULES   OF  ORDER 

OBSERVED   IN  DELIBERATIVE    ASSEMBLIES,    DEBATES  IN  FULL,   AND  IN 

OUTLINE,  ON  VARIOUS   INTERESTING  TOPICS,  NUMEROUS  QUESTIONS 

FOR    DISCUSSION,   FORMS    OF  A   CONSTITUTION    FOR    LITERARY 

CLUBS   OR  DEBATING  SOCIETIES,   ETC.,  ETC. 


BY  JAMES  K  McELLIGOTT,  LL.D., 

AUTHOR    OF   "THE   ANALYTICAL    MANUAL,"    "YOUNO    ANALYZER,"   ETC 


11  Here  is  a  thing  wherein  I  would  willingly  have  you  agree,  that  Is,  to  DISPUTE  and 
not  to  QUARREL  ;  for  friends  dispute  between  themselves  for  their  better  instruction, 
and  enemies  quarrel  to  destroy  one  another."— PLATO. 


NEW  YORK : 

IVISON  &  PHINNEY,  178  FULTON  STREET; 

(SUCCESSORS  OF  NEWMAN  &  IVISON,  AND  MARK  H.  NEWMAN  &  co.) 
CHICAGO:  S.  C.  GRIGGS  &  CO.,  Ill  LAKE  STREET. 

BUFFALO :    PHINNEY  &  CO.,  188  MAIN  STREET 
CINCINNATI :   MOORE,  WILSTAOH,  KEYS  &  CO. 

AUBURN:  SEYMOUR  &  co. 
1855. 


Entered,  according  to  Act  of  Congress,  in  the  year  1855,  by 

JAMES    N.  McELLIGOTT, 

In  the  Clerk's  Office  of  the  District  Court  of  the  Southern  District  of 
New  York. 


STEREOTYPED    BY  PRINTED    BY 

THOMAS  B.   SMITH,  J.  D.   TORREY, 

84  Beekraan  St.  N.  Y.  18  Spruce  Street. 


CONTENTS. 


SECTION  I. 

PAGE 

INTRODUCTORY  OBSERVATIONS 7 


SECTION  II. 
WHAT  is  A  GOOD  DEBATER  ? 12 

SECTION  III. 
EXTEMPORANEOUS  SPEAKING 25 

SECTION  IV. 
RULES  OF  ORDER  IN  DELIBERATIVE  ASSEMBLIES *r» 38 

SECTION  V. 
PRIVILEGED  QUESTIONS 73 

SECTION  VI. 
ORDER  OF  BUSINESS 109 

SECTION  VII. 
ORDER  OF  DEBATE.  .  .  119 


yi  CONTENTS. 

SECTION  VIII. 

PAGE 

DEBATING  SOCIETIES 128 

SECTION  IX. 
MANAGEMENT  OF  A  QUESTION 132 

SECTION  X. 
DEBATES  IN  FULL 13t 

SECTION  XL 
DEBATES  IN  OUTLINE 184 

SECTION  XII. 
QUESTIONS  WITH  KEFERENCES 204 

SECTION  XIII. 
MISCELLANEOUS  QUESTIONS  FOR  DISCUSSION 215 

SECTION  XIV. 

FORMS  OF  A  CONSTITUTION  AND  BY-LAWS  SUITABLE  FOR  A  LIT 
ERARY  OR  DEBATING  SOCIETY 238 

APPENDIX. 

CONSTITUTION  OF  THE  UNITED  STATES 265 

PROCEEDINGS  OF  THE  CONVENTION  WHICH  FORMED  THE  CONSTITU 
TION  289 

LETTER  OF  THE  CONVENTION  TO  THE  OLD  CONGRESS 290 

AMENDMENTS  TO  THE  CONSTITUTION 294 

INDEX  TO  THE  CONSTITUTION.  .  299 


PREFACE. 

aim  of  this  work  is  not  novelty,  but  utility.  Its 
merit,  therefore,  if  any  it  has,  consists  not  in  the  develop 
ment  of  new  ideas  and  principles,  but  rather  in  working  into 
shape,  convenient  for  reference  and  for  teaching,  materials 
which,  in  some  form  or  other,  every  one  should  have,  who 
aspires  to  be  a  good  debater. 

That  the  youth  of  our  country  ought  to  be  conversant 
with  the  principles  and  practice  of  public  debate,  that  is, 
ought  to  be  instructed  in  the  arts  of  speaking  and  in  the 
modes  of  proceeding  proper  to  a  deliberative  assembly,  will 
immediately  appear,  if  we  but  consider  the  impoitant  in 
terests,  social,  civil  and  religious,  which  ofte\i  hang  upon 
the  decisions  of  bodies  of  this  nature.  The  time  has  come, 
when  public  speaking,  not  that  alone  which  is  the  result  of 
careful  premeditation,  but  that,  especially,  which,  in  order 
to  defend  truth  in  the  moment  of  her  danger,  must  itself  be 
the  offspring  of  the  moment,  can  be  no  otherwise  considered 
than  as  a  necessary  preparation  for  the  active  duties  of  life. 

To  those,  therefore,  who  feel  the  force  of  this  sentiment, 
to  all,  in  short,  who,  for  any  cause,  deem  it  wise  to  Jit  and 


Vlll  PREFACE. 

furnish  themselves  for  effective  service  in  public  discussion, 
this  volume  is  offered ;  not  as  exhausting  the  subject,  or 
introducing  everything  that  might  be  desired  in  the  case, 
but  as  affording  important,  if  not  essential,  aid. 

To  those  instructors  who  hold,  with  the  author,  that  de 
bates,  oral  or  written,  or  both,  are  quite  legitimate  scholastic 
exercises,  and  better  calculated  than  most  other  exercises  in 
speaking  and  writing,  to  awaken  interest  and  secure  pro 
ficiency,  this  work  is  commended  as  a  suitable  text-book, 
wherewith  the  subject  may  be  brought  up  in  regular  recita 
tions,  and  the  precepts  inculcated  immediately  reduced  to 
practice. 

To  those,  finally,  who  have  passed  the  precincts  of  youth, 
and  have  had,  or  are  anxious  to  have,  some  practical  skill  in 
doing  what  is  requisite  to  be  done  in  deliberative  assemblies, 
the  author  ventures  to  tender  the  following  pages,  as  con 
taining  such  hints,  and  suggestions,  and  instructions,  respect 
ing  the  qualifications  of  a  good  debater,  and  the  rules  of 
order  in  the  transaction  of  business,  as  may  render  it,  per 
chance,  a  valuable  book  of  reference. 

Such  is  the  design  of  the  present  publication.  Its  plan, 
which  may  be  discovered  at  a  glance,  is  perfectly  simple ; 
for  it  aspires  to  no  higher  office  than  that  of  being  a  plain, 
though  reliable  guide  in  the  matters,  whereof  it  undertakes 
to  speak. 


SECTION  I. 

INTRODUCTORY  OBSERVATIONS. 

HHHE  endowments,  both  natural  and  acquired,  essen- 

-  tial  to  the  formation  of  a  finished  debater,  are  rare 
and  various.  Few,  accordingly,  ever  reach  the  highest 
distinction  in  deliberative  oratory. 

But,  by  reasonable  study  and  practice,  every  person 
of  ordinary  ability  may  easily  acquire  such  skill  in 
debating,  as  will  enable  him  to  acquit  himself  decent 
ly,  if  not  handsomely,  in  a  public  assembly.  This 
being  the  case,  it  becomes  the  interest,  because  it  is 
the  duty,  of  every  American  youth  to  prepare  him 
self,  as  best  he  can,  to  figure  advantageously  in  de 
liberative  bodies. 

In  so  doing,  however,  some  guidance  seems  neces 
sary  ;  for,  as  he  that  travels,  in  foreign  lands,  without 
a  guide,  is  apt  to  travel  to  very  little  purpose,  so  he 
that  labors  to  become  a  good  debater,  without  suitable 
direction,  is  most  likely  to  miss  the  aim  of  his  best 
endeavors.  He  ought,  at  least,  definitely  to  ascertain 
what  defects  he  is  to  cure,  what  errors  he  should  avoid. 

To  give  this  information,  to  be,  in  short,  a  sort  of 
friendly  guide  to  the  principles  and  practice  of  de- 


10  INTRODUCTORY   OBSERVATIONS. 

bating  iii  public,  the  following  pages  are  designed. 
They  assume  that  the  young  debater  ought  to  know 
what  is  peculiar  to  the  line  of  speaking,  in  which  he 
wishes  to  excel,  and  that  in  order  to  understand  that, 
one  way  (among  many)  is  to  consider  the  relations 
which  it  sustains  to  the  several  other  great  branches 
of  public  eloquence. 

Accordingly,  the  question  is  raised, — "  What  is  a 
good  debater?"  and,  by  way  of  answer,  the  special 
province  of  deliberative  eloquence  is  carefully  marked 
out,  and  the  chief  qualifications  for  an  able  delibera 
tive  orator  given  in  detail. 

But,  as  among  the  qualifications  set  down  as  neces 
sary  to  success  in  debating,  extemporaneous  speaking 
is  particularly  specified,  because  it  is  of  the  highest 
importance,  the  section  next  in  order  is  devoted  ex 
clusively  to  that  subject. 

The  young  debater  may,  however,  be  seriously  em 
barrassed  by  a  want  of  acquaintance  with  those  rules 
of  order  which  are  in  general  use  in  deliberative  as 
semblies.  Hence,  a  large  portion  of  the  work  is  occu 
pied  with  a  course  of  instruction,  in  the  form  of 
question  and  answer,  designed  to  render  him  familiar 
with  what  is  aptly  called  the  common  code  of  Parlia 
mentary  law. 

But,  when  well  provided  in  all  other  respects,  there 
is  a  particular  duty  implied  and  involved  in  the  very 
act  of  undertaking  publicly  to  discuss  a  question,  in 
the  performance  of  which  some  aid  or  advice  may 
be  necessary.  That  duty  is  to  study  how  best  to 
treat  the  question ;  and,  therefore,  under  the  caption, 
"Management  of  a  Question"  the  student  will  find 


INTEODUCTOEY  OBSEEVATIONS.  11 

some  directions  that  may  prove  both  timely  and 
serviceable. 

To  gratify  those  who  might  expect  to  find  in  the 
book  the  form  of  a  debate  in  full,  two  questions  have 
been  proposed  and  formally  discussed.  This  has  been 
done,  moreover,  under  the  impression  that  some  idea 
of  the  modes  of  attack  and  defense,  usual  in  debate, 
some  notion  of  the  modus  operandi  in  general,  might 
be  better  conveyed  in  this  way  than  in  any  other. 

The  full  debates  are  followed  by  a  series  of  skeleton 
or  outline  debates  ;  that  is,  questions  with  a  summary 
of  arguments,  or  rather  considerations  on  both  sides, 
designed  merely  to  intimate  certain  lines  of  thought, 
that  may  be  varied  and  extended  by  the  reader's  own 
reflections. 

Next,  in  order,  follows  a  series  of  questions,  with 
references,  under  each,  to  authorities  or  sources  of  in 
formation  on  the  matters,  concerning  which  they  chal 
lenge  dispute. 

After  these,  is  inserted  an  extensive  list  of  debat 
able  questions,  in  respect  to  which  the  reader  is  left  to 
act  as  an  independent  reasoner  :  thinking  and  consult 
ing  as  his  judgment  and  intelligence  may  direct. 

To  serve  the  convenience  of  those  who  may,  per 
haps,  for  the  first  time,  be  appointed  to  draft  Eules 
and  Eegulations  for  a  Debating  or  Literary  Society, 
the  last  Section  of  the  work  is  devoted  to  the  present 
ation  of  two  different  forms  of  a  Constitution  and 
By -Laws,  suitable  for  such  an  association. 


SECTION  II. 

WHAT   IS    A    GOOD    DEBATER? 

estimate  the  importance  of  being  a  good  debater, 
or  ascertain  the  qualifications  essential  to  that  char 
acter,  it  is  necessary  briefly  to  consider  the  aim  and 
scope  of  deliberative  eloquence. 

All  public  speaking,  except  that  of  the  pulpit,*  con 
sidered  in  reference  to  its  aim,  falls  under  one  or  other 
of  these  three  ancient  divisions, — Demonstrative^Ju- 
dicial,  or  Deliberative. 

The  demonstrative  has  its  place  where  great  events 
or  great  persons  are  to  be  celebrated.  It  employs, 
upon  occasion,  the  language  of  invective,  but  its  par 
ticular  province  is  elaborate  eulogy.  Its  appropriate 
times  are  the  memorable  anniversaries,  the  days  of 
great  public  solemnity,  the  extraordinary  occasions, 

*  Pulpit  eloquence  is  here  excepted,  because  it  does  not  properly 
fall  under  any  one  of  these  three  heads,  but,  in  reality,  embraces 
the  leading  features  of  them  all. 

f  The  term  demonstrative  (from  the  Latin  demonstro,  to  show  or 
point  out  clearly),  is  here  used,  as  among  the  Latin  rhetoricians,  to 
signify  what  is  showy,  or  abounding  in  show  or  ornament,  i.  e.  lauda 
tory,  glorifying. 


WHAT   IS  A  GOOD   DEBATER?  13 

whatever  their  name  or  tlieir  nature,  whereon  men 
meet  to  mingle  and  express  their  common  sympathies. 
It  is  expected  to  display  the  riches  of  rhetoric,  and  to 
exert  every  force  and  every  fascination  of  oratory. 
Its  strong  appeal  is  to  the  heart.  Its  purpose  is  the 
praise  of  virtue  or  the  reprobation  of  vice. 

The  judicial  is  that  which  is  engaged  in  the  litiga 
tion  of  causes,  in  the  adjustment  of  disputed  rights, 
in  the  determination  of  guilt  or  innocence.  Its  scene 
is  the  court-house.  It  is,  in  style,  clear,  direct,  and 
logical.  It  deals  in  law  and  evidence,  sifts  and  weighs 
testimony,  and  labors  every  way  to  convince  the  un 
derstanding.  In  short,  its  appeal  is  to  the  head,  its 
aim  the  administration  of  .justice. 

The  deliberatiye  is  that  which  is  employed  where 
propositions,  after  being  duly  discussed,  are  finally  to 
be  adopted  or  rejected,  according  to  the  pleasure  of 
the  assembly.  It  differs  from  the  demonstrative  and 
the  judicial,  both  in  the  end  which  it  seeks,  and  the 
means  which  it  employs  for  the  attainment  of  that 
end. 

The  demonstrative,  as  before  intimated,  begins  and 
ends  in  display.  It  abounds  in  ornament ;  it  awakens 
emotion ;  it  delights  the  imagination ;  it  exhibits  the 
virtues  of  its  subject,  but  no  less  exhibits  the  resources 
of  rhetoric  and  the  talents  of  the  orator.  But  here  its 
mission  closes.  It  looks  to  no  definite  resulting  action 
in  the  body  addressed. 

The  judicial,  unlike  the  demonstrative,  avoids  every 
appearance  of  show,  or  endeavor.  It  relies  upon  facts, 
evidence,  positive  statute ;  counts  little  upon  appeals 
to  the  emotional  nature ;  but  demands  a  verdict,  not 


14  WHAT  IS  A  GOOD  DEBATER? 

as  a  favor,  but  as  a  right,  not  as  being  expedient,  but 
as  being  nothing  more  than  what  is  just. 

The  deliberative  differs  from  the  demonstrative,  in 
laboring  to  sway  the  opinions  of  the  audience,  and  to 
secure  a  vote  in  favor  of  what  it  claims  to  be  best.  It 
differs  from  the  judicial,  in  recognizing  in  the  body 
addressed  a  perfect  freedom  of  choice.  The  demon 
strative  doals  with  our  affections  ;  the  judicial  appeals 
to  our  judgment  of  right  and  wrong  ;  the  deliberative 
calls  for  the  exercise  of  wisdom  in  relation  to  what  is 
useful,  what  is  expedient,  what  is  best  to  be  done. 

The  occasions  for  the  use  of  deliberative  eloquence 
are  now  more  numerous  and  important  than  they  ever 
have  been  in  any  previous  age  of  the  world.  "Wherever 
the  will  of  the  people  is  the  law  of  the  land,  wherever 
republican  principles  prevail  to  any  considerable  extent, 
there  deliberative  assemblies  must  often  be  convened. 

In  our  own  country,  accordingly,  they  abound  in 
every  quarter,  and  consider  every  topic  of  common 
interest.  The  Congress  of  the  United  States  is  a  de 
liberative  assembly.  The  Legislatures  of  the  several 
States  are  deliberative  assemblies.  Every  town  meet 
ing,  every  county  gathering,  every  State  or  National 
Convention,  every  association  of  persons,  whatever  the 
purposes  of  the  association,  constitutes  a  deliberative 
assembly.  In  all  these,  propositions  are  submitted  for 
consideration,  discussed  with  freedom,  and  received, 
or  rejected,  according  to  the  will  of  the  body. 

The  variety  of  interests  involved  in  the  transactions 
of  bodies  of  this  nature,  and  the  necessity  of  preventing 
party  sway  and  hasty  action,  render  it  important  for 
every  one  to  be  ready  to  exert  a  wholesome  influence  in 


WHAT  IS  A  GOOD  DEBATER?  15 

their  deliberations.  Few  men,  comparatively,  ever  have 
opportunity  or  inclination  to  exercise  their  talents  in 
the  composition  and  delivery  of  set  orations  or  lectures 
adapted  to  particular  times  and  occasions.  But  to 
speak  in  a  deliberative  assembly,  to  enlighten  and 
sway  the  minds  of  men  engaged  in  the  consideration 
of  momentous  affairs,  may  be  the  lot  of  every  one. 
Hence,  every  man  owes  it  to  the  community  in  which 
he  lives,  no  less  than  to  his  own  honor  and  interest,  to 
fit  himself,  as  far  as  may  be,  to  discharge  this  most  im 
portant  duty. 

From  this  brief  survey  of  the  nature  and  extent  of 
deliberative  eloquence,  may  easily  be  inferred  the 
qualifications  proper  to  be  sought  by  him  who  aspires 
to  the  character  of  a  good  debater. 

In  certain  general  qualities  he  must,  of  course,  share 
with  the  orator  in  every  other  field  of  oratory.  He 
must,  for  example,  be  accounted  an  upright  man  ;  for 
otherwise  his  arguments,  however  forcible,  his  illustra 
tions  however  clear,  his  delivery  however  graceful, 
will  all  suffer  under  the  withering  influence  of  a  want 
of  confidence.  Integrity  of  character  is,  indeed,  the 
capital  quality — the  "wisdom  better  than  rubies  ;  and 
all  things  that  may  be  desired  are  not  to  be  compared 
with  it." 

He  must  have  the  requisite  natural  gifts,  and  these 
must  be  cultivated  with  care  and  assiduity ;  for  no 
fertility  of  genius,  no  powers  of  voice,  no  volubility 
of  tongue,  no  grace  of  gesture,  can  ever  atone  for  the 
absence  of  culture  and  discipline.  Labor  is  the  price 
of  eminence  in  the  fields  of  eloquence,  as  in  every 
other  honorable  vocation. 


16  WHAT   IS  A  GOOD   DEBATER? 

He  must  have  full  control  of  himself,  and  a  becom 
ing  respect  for  the  feelings  of  others ;  for  whatever 
may  be  the  honesty  of  his  intentions,  the  discipline  of 
his  intellectual  powers,  the  treasures  of  his  mind,  or 
the  fascinations  of  his  oratory,  if  his  temper  be  bad, 
his  manner  assuming,  or  his  tone  dictatorial,  his  success, 
in  any  and  every  line  of  speaking,  must  be  seriously 
hindered.  There  is  a  mysterious  charm  in  good  na 
ture,  a  certain  irresistible  attraction  in  every  evidence 
of  modesty,  benevolence,  and  forbearance,  which,  in  a 
public  assembly,  is  often  found  more  effective  far  than 
the  most  commanding  talents. 

But,  in  addition  to  those  general  qualifications 
which  the  good  debater  has  in  common  with  genuine 
orators  of  every  description,  there  are  others  that  be 
long  peculiarly  to  his  position  and  circumstances. 
Several  of  these,  being  the  most  important,  we  shall 
here  specify  and  commend  to  the  reader's  attention. 

1.  He  must,  then,  first  and  last,  always  endeavor  to 
gain  the  good  will  of  his  audience :  remembering,  that 
persuasion  is  the  only  power  at  his  command,  and  that 
the  will  of  the  assembly  is  the  ultimate  tribunal.  In 
orations  of  the  demonstrative  kind,  the  orator  may,  with 
no  little  confidence,  put  his  trust  in  wit,  in  humor,  in 
mere  novelty,  in  beauty  and  sublimity  of  thought,  in  fe 
licities  of  diction  and  in  graceful  postures  and  attitudes  ; 
for  his  hearers  are,  for  the  most  part,  in  a  mood  to  be 
pleased,  and  are  not  to  be  called  upon  by  a  decisive 
vote  to  determine  the  merits  of  his  performance.  In 
speeches  of  the  judicial  kind,  the  speaker  is  fully 
justified  in  relying  solely  upon  the  making  out  of  his 
case.  If  that  which  is  alleged,  is  fully  proved,  he  is 


WHAT  IS  A  GOOD   DEBATER?  17 

entitled  to  a  verdict  in  favor  of  his  client,  and  neither 
judge  nor  jury  have  either  right  or  power  to  deny  it. 

But  it  is  not  so  in  deliberative  bodies.  The  delib 
erative  orator  often  addresses  those  who  are  well,  or  ill 
affected  towards  a  cause,  because  they  are  well,  or  ill 
affected  towards  him  who  advocates  it.  And,  since  it 
is  altogether  optional  with  them  to  adopt,  or  reject 
what  he  recommends,  it  is  of  the  utmost  importance, 
that  he  should  not  lose  the  influence  that  ever  accom 
panies  a  speaker  who  is  regarded  with  kindness  by  his 
auditory. 

2.  He  should  be  quick  to  discern  those  motives 
most  likely  to  sway  his  auditors ;  otherwise  his  ap 
peals  will  be  powerless,  because  misdirected.  There 
is  a  passage  in  the  dialogue  between  Cicero  and  his 
son,  quite  pertinent  to  the  present  occasion,  which, 
says  a  great  and  good  man,*  "  I  recommend,  as  the 
truly  paternal  advice  of  a  father  to  his  child."  The 
passage  is  this :  "  The  discourse  must  be  accommo 
dated,  not  only  to  the  truth,  but  to  the  taste  of  the 
hearers.  Observe,  then,  first  of  all,  that  there  are  two 
different  descriptions  of  men ;  the  one  rude  and  ig 
norant,  who  always  set  profit  before  honor ;  the  other 
polished  and  civilized,  who  prefer  honor  to  every 
thing.  Urge,  then,  to  the  latter  of  these  classes  con 
siderations  of  praise,  of  honor,  of  glory,  of  fidelity, 
of  justice;  in  short,  of  every  virtue.  To  the  former 
present  images  of  gain,  of  emolument,  of  thrift ;  nay, 
in  addressing  this  kind  of  men,  you  must  even  allure 
them  with  the  bait  of  pleasure.  Pleasure,  always  hos 
tile  to  virtue,  always  corrupting,  by  fraudulent  imita* 

*  John  Qumcy  Adams. 


18  WHAT  IS  A  GOOD  DEBATER? 

tion,  the  very  nature  of  goodness  herself,  is  yet  most 
eagerly  pursued  by  the  worst  of  men ;  and  by  them 
often  preferred  not  only  to  every  instigation  of  honor, 
but  even  to  the  dictates  of  necessity.  Kemember,  too, 
that  mankind  are  more  anxious  to  escape  evil,  than  to 
obtain  good  ;  less  eager  to  acquire  honor,  than  to  avoid 
shame.  Who  ever  sought  honor,  glory,  praise,  or 
fame  of  any  kind,  with  the  same  ardor  that  we  fly 
from  those  most  cruel  of  afflictions,  ignominy,  con 
tumely,  and  scorn  ?  Again ;  there  is  a  class  of  men, 
naturally  inclined  to  honorable  sentiments,  but  cor 
rupted  by  evil  education  and  vitiated  opinions.  Is  it 
your  purpose,  then,  to  exhort  or  persuade,  remember 
that  the  task  before  you  is  that  of  teaching  how  to  ob 
tain  good,  and  eschew  evil.  Are  you  speaking  to 
men  of  liberal  education,  enlarge  upon  topics  of  praise 
and  honor ;  insist  with  the  keenest  earnestness  upon 
those  virtues  which  contribute  to  the  common  safety 
and  advantage  of  mankind.  But,  if  you  are  discours 
ing  to  gross,  ignorant,  untutored  minds,  to  them  hold 
up  profit,  lucre,  money-making,  pleasure,  and  escape 
from  pain.  Deter  them,  also,  by  the  prospect  of  shame 
and  ignominy;  for  no  man,  however  insensible  to 
positive  glory,  is  made  of  such  impenetrable  stuff,  as 
not  to  be  vehemently  moved  by  the  dread  of  infamy 
and  disgrace." 

To  the  same  end,  Quinctilian  observes :  "  Now,  there 
is  no  difficulty  in  persuading  the  virtuous  to  follow 
virtuous  measures.  But,  if  we  are  to  plead  for  such 
measures  before  men  of  abandoned  principles,  we  are 
carefully  to  avoid  all  appearance  of  reproaching  them 
for  the  contrariety  that  there  is  between  the  measures 


WHAT  IS  A  GOOD  DEBATER?  19 

and  their  character.  For  we  are  not  then  to  think  of 
winning  their  assent  by  expatiating  upon  the  beauty 
of  virtue,  which  never  comes  into  the  thoughts  of  such 
men ;  but  we  are  to  work  upon  them  by  the  glory  and 
the  popularity  that  will  attend  their  pursuing  such  a 
measure  ;  and,  if  they  look  upon  those  but  as  empty 
sounds,  we  are  then  to  lay  before  them  the  great  profit 
which  will  thereby  arise  to  themselves,  and  to  mag 
nify  the  dangers  which  may  attend  their  doing  other 
wise.  For  the  more  worthless  man  is,  the  more  sus 
ceptible  he  is  of  fear  ;  nay,  I  am  not  sure  whether  the 
generality  of  mankind  are  not  more  influenced  by 
the  dread  of  danger  than  the  hope  of  advantage ;  so 
much  more  easily  and  naturally  is  mankind  in  gen 
eral  struck  with  the  notion  of  what  is  mean,  than  of 
what  is  noble." 

In  acting  upon  this  advice  of  the  great  Eoman  orator, 
and  the  scarcely  less  great  Eoman  Ehetorician,  it  need 
hardly  be  said,  since  the  limitation  will  be  obvious  from 
the  nature  of  the  case,  that  the  young  orator  is  not  ad 
vised  to  appeal  to  the  motives  of  his  hearers,  whether 
high  or  low,  in  order  to  urge  upon  them  what  is 
wrong,  but  that  having  what  he  believes  to  be  a  good 
object,  he  may  appeal  to  any  and  every  suitable  mo 
tive  to  influence  men  to  seek  that  object. 

3.  He  should  be  a  man  of  general  intelligence. 
This  is  true  undoubtedly  of  orators  in  every  line; 
but  the  remark  has  peculiar  force  and  significance, 
when  made  in  reference  to  him  who  desires  to  figure 
well  in  a  deliberative  assembly. 

If  we  consider  the  multiplicity  and  diversity  of  the 
subjects  acted  upon  in  bodies  of  this  kind,  we  can 


20  WHAT  IS  A  GOOD   DEBATER? 

hardly  estimate  the  importance  of  wide  general  infor 
mation  in  a  debater.  With  him  no  kind,  or  item  of 
knowledge,  is  without  a  practical  value.  To-day  he 
may  be  in  a  village  meeting,  discussing  the  expe 
diency  of  making  a  road  or  building  a  bridge;  to 
morrow  in  a  convention,  arguing  the  propriety  or  im 
propriety  of  a  change  in  the  constitution  of  the  State. 
Now  he  is  busy  among  the  friends  of  education,  as 
sembled  to  consider  the  ways  and  means  of  improving 
the  moral  and  intellectual  condition  of  the  masses; 
now  he  is  in  some  ecclesiastical  synod,  or  council,  or 
convocation,  exchanging  counsels  on  matters  of  high 
religious  concernment ;  and  now,  again,  perchance  in 
Congress,  debating  questions  of  law,  of  tariff,  of  rev 
enue,  of  treaties,  of  peace,  of  war,  and  I  know  not 
what  all. 

To  him  therefore,  what  knowledge  or  learning  can 
be  otherwise  than  exceedingly  useful  ?  To  him  history 
is  indeed  "  philosophy  teaching  by  examples  ;"  yield 
ing  him  arguments,  facts,  and  illustrations,  always  in 
teresting  and  often  irresistible.  To  him  not  only  is 
that  history  useful,  which  is  embodied  in  permanent 
and  well-digested  records,  but  that,  also,  which  is  found 
in  the  passing  events  and  transactions  of  the  great  liv 
ing  world  around  him.  With  him,  in  a  sense  singu 
larly  significant,  "  knowledge  is  power." 

4.  He  should  aim  at  simplicity  of  style,  clearness  of 
logic,  and  earnestness  of  manner.  He  may  not  discard 
ornament,  when  it  comes  naturally,  but  he  is  never  to 
be  found  in  search  of  it.  His  task  is  simply  to  show 
that  something  is  to  be  soupht,  because  it  is  useful,  or 
that  something  is  to  be  avoided,  because  it  is  deleterious. 


WHAT   IS  A  GOOD  DEBATER?  21 

The  debater,  therefore,  must  speak  plainly,  earnestly, 
feelingly ;  he  must  argue  in  the  manner  of  a  friend, 
intent  upon  guarding  his  neighbor  against  coming 
evil,  or  anxious  to  secure  to  him  some  blessing  within 
the  reach  of  effort. 

In  relation  to  the  thought,  he  cannot  be  too  careful ; 
in  relation  to  the  mere  wording  of  his  thoughts,  he  must 
not  seem  over-anxious.  If  he  is  familiar  with  his 
theme,  he  will  most  probably  be  fluent  in  discussing 
it,  and  fluency  of  speech  is  what  especially  he  needs. 
But  fluency  is  not  finery. 

When  the  subject  and  the  occasion  conspire,  as  often 
they  will,  to  render  the  use  of  ornate  diction  and  fig 
ures  of  speech  appropriate  and  effective,  the  delibera 
tive  orator  is  at  liberty  to  rise  with  his  topic  and  soar 
in  the  regions  of  beauty  and  sublimity.  But  let  him 
beware  of  what  is  called  beauty  and  sublimity  of  lan 
guage,  where  there  is  no  underlying  beauty  and  sub 
limity  of  thought. 

5.  He  should  endeavor  to  have  his  thoughts  and 
feelings  so  absorbed  in  his  theme,  as  to  free  his  deliv 
ery  from  every  appearance  of  being  studied  and  artifi 
cial.  He  that  fully  understands  and  ardently  feels  the 
force  of  what  he  is  saying,  will  seldom  be  in  danger 
of  employing  false  tones  and  emphases,  or  awkward 
and  inappropriate  gestures.  In  these  things  nature  is 
the  best  guide. 

It  will  not  be  understood  from  this,  that  we  would 
discourage  all  attention  to  vocal  modulation,  to  just 
ness  of  pronunciation,  to  proper  gesticulation,  and 
whatever  else  may  constitute  the  requisites  of  a  grace- 


22  WHAT   IS  A  GOOD   DEBATER? 

ful  delivery.     These  are  things  which,  in  every  con 
siderate  mind,  will  always  have  their  due  weight. 

But  the  error  against  which  we  would  earnestly 
caution  the  young  speaker,  is  that  of  withdrawing  his 
attention,  while  speaking,  from  his  subject  to  himself, 
busying  his  mind  with  the  probable  effect  of  his  tones 
or  his  attitudes,  wh^en  he  ought  to  be  dealing  heartily 
with  those  emotions  and  sentiments  on  which,  and  on 
which  alone,  a  truly  natural  delivery  depends. 

In  this  connection,  we  cannot  resist  the  disposition  to 
introduce  an  extract  from  a  writer,  whose  opinion  in 
a  matter  like  this,  is  entitled  to  the  highest  considera 
tion.  It  will  serve  equally  for  instruction  and  for  en 
couragement.  "  He,"  (says  Whately,  the  able  and  elo 
quent  Archbishop  of  Dublin,)  "  who  shall  determine  to 
aim  at  the  natural  manner,  though  he  will  have  to 
contend  with  considerable  difficulties  and  discourage 
ments,  will  not  be  without  corresponding  advantages, 
in  the  course  he  is  pursuing.  He  will  be  at  first,  in 
deed,  repressed  to  a  greater  degree  than  another  by 
emotions  of  bashfulness  ;  but  it  will  be  more  speedily 
and  more  completely  subdued ;  the  very  system  pur 
sued,  since  it  forbids  all  thoughts  of  self,  striking  at  the 
root  of  the  evil.  He  will,  indeed,  on  the  outset,  incur 
censure,  not  only  critical,  but  moral ;  he  will  be  blamed 
for  using  a  colloquial  delivery;  and  the  censure  will 
very  likely  be,  as  far  as  relates  to  his  earliest  efforts, 
not  wholly  undeserved  ;  for  his  manner  will  probably 
at  first  too  much  resemble  that  of  conversation,  though 
of  serious  and  earnest  conversation  ;  but  by  persever 
ance  he  may  be  sure  of  avoiding  deserved,  and  of  mit 
igating,  and  ultimately  overcoming,  undeserved  censure. 


WHAT  IS  A  GOOD  DEBATER?  23 

"  He  will,  indeed,  never  be  praised  for  a  '  very  fine 
delivery;'  but  Ms  matter  will  not  lose  the  approbation 
it  may  deserve  ;  as  lie  will  be  the  more  sure  of  being 
heard  and  attended  to.  He  will  not,  indeed,  meet 
with  many  who  can  be  regarded  as  models  of  the  nat 
ural  manner  ;  and  those  he  does  meet  with,  he  will  be 
precluded,  by  the  nature  of  the  system,  from  minutely 
imitating ;  but  he  will  have  the  advantage  of  carrying 
within  him  an  infallible  guide,  as  long  as  he  is  careful 
to  follow  the  suggestions  of  nature ;  abstaining  from  all 
thoughts  respecting  his  own  utterance,  and  fixing  his 
mind  intently  on  the  business  he  is  engaged  in. 

"  And  though  he  must  not  expect  to  attain  perfec 
tion  at  once,  he  may  be  assured  that,  while  he  steadily 
adheres  to  this  plan,  he  is  in  the  right  road  to  it ;  in 
stead  of  becoming,  as  on  the  other  plan,  more  and 
more  artificial  the  longer  he  studies.  And  every  ad 
vance  he  makes  will  produce  a  proportional  effect ;  it 
will  give  him  more  and  more  of  that  hold  on  the  at 
tention,  the  understanding,  and  the  feelings  of  the  au 
dience,  which  no  studied  modulation  can  ever  attain. 
Others,  indeed,  may  be  more  successful  in  escaping 
censure,  and  ensuring  admiration ;  but  he  will  far  more 
surpass  them  in  respect  of  the  proper  object  of  the 
orator,  which  is,  to  carry  his  point" 

6.  The  next  special  qualification  for  a  good  debater, 
here  to  be  mentioned,  is  perfect  familiarity  with  the 
rules  of  parliamentary  practice.  The  necessity  of  such 
a  code  of  laws  is  apparent  from  the  nature  of  the  case, 
and  the  wisdom  of  those  now  generally  in  force  is 
fully  attested  by  the  voice  of  experience. 

It  not  unfrequently  happens,  that  the  most  import- 


24  WHAT  IS   A   GOOD  DEBATER? 

ant  advantages  in  the  management  of  a  question  are 
entirely  lost  through  the  speaker's  ignorance  of  some 
form  of  procedure,  or  the  operation  and  effect  of  some 
rule  of  order. 

In  the  event  of  one's  being  elected  to  preside  over 
the  deliberations  of  a  meeting  or  society,  nothing  can 
exceed  the  wasting,  exhausting,  mortifying  process  of 
laboring  to  govern  and  direct  without  knowing  how. 

On  the  contrary,  if  qualified  in  this  respect,  whether 
he  figure  on  the  floor  in  the  capacity  of  a  debater,  or 
occupy  the  chair  of  the  presiding  officer,  the  order  of 
proceeding,  being  fully  understood,  is  made  subservient 
to  its  legitimate  purposes,  the  dignity  of  the  assembly 
is  duly  maintained,  and  the  interests  at  stake  in  the 
discussion  carefully  protected  and  promoted. 

7.  Last  of  all,  as,  indeed,  first  of  all,  he  must  be  a 
good  extemporaneous  speaker.  This,  in  fact,  has  all 
along  been  implied,  and  is  absolutely  essential  to  the 
character  of  a  good  debater. 

Let  no  one,  however,  on  this  account  be  discouraged ; 
as  though  nature  had  thrown  in  his  way  obstacles  in 
surmountable.  Excellency  of  speech  is  no  exclusive 
gift  of  genius ;  but  always,  more  or  less,  the  fruit  of 
practice.  This  fact  is  so  important  as  to  call  for  a  sepa 
rate  consideration,  and,  accordingly,  the  following  Sec 
tion  is  devoted  to  that  subject  alone. 


SECTION   III. 

EXTEMPOKANEOUS    SPEAKING. 

opinions,  equally  plausible  and  equally  errone- 
ous,  are  entertained  in  relation  to  extemporaneous 
speaking.  One  is,  that  this  power,  wherever  possessed, 
in  any  eminent  degree,  is  the  peculiar  gift  of  nature, 
and,  therefore,  absolutely  unattainable,  except  by  a 
favored  few.  The  other  is,  that  whether  natural  or 
acquired,  confined  to  a  few,  or  accessible  to  all,  its  fre 
quent  exercise  is  not  only  attended  with  no  adequate 
benefit,  but  is,  generally  speaking,  a  positive  injury; 
since  it  generates  in  the  speaker  himself  habits  unfa 
vorable  to  close  thinking  and  accurate  composition. 

The  error  underlying  the  first  of  these  opinions  seems 
to  be,  that  of  confounding  two  things  essentially  dis 
tinct — thinking  and  speaking.  He  that  carefully  attends 
to  the  operations  of  his  own  mind,  will  not  be  long  in 
discovering,  that  when  he  speaks  confusedly  and  ob 
scurely,  there  is  in  his  thoughts,  at  the  time,  a  corre 
spondent  want  of  order  and  clearness. 

This  confusion  and  obscurity  of  thought  may  be  due 
to  a  variety  of  causes.  It  is  not  always  traceable  to 
ignorance  of  the  subject,  to  want  of  premeditation,  or 

2 


26  EXTEMPORANEOUS  SPEAKING. 

to  an  ill-disciplined  mind ;  though  these  will  be  found 
to  be  the  real  causes  of  almost  all  abortive  attempts  at 
extemporaneous  speaking. 

Many  a  man  who  has  a  complete  mastery  of  his  sub 
ject,  and  who,  in  the  retirement  of  his  study,  would 
readily  clothe  his  thoughts  upon  it  in  appropriate  and 
even  elegant  language,  finds  in  the  mere  presence  of  a 
numerous  audience  an  overpowering  cause  of  derange 
ment  in  his  ideas,  and  a  consequent  inability  to  deliver 
a  connected  discourse.  This  result  is  sometimes  expe 
rienced  from  the  presence  of  particular  individuals 
whom  we  dread  as  critics,  sometimes  from  a  contempt 
uous  bearing  in  our  opponents,*  sometimes  from  an 
overweening  vanity  in  the  speaker  himself,  rendering 
him  over-solicitous  about  the  appearance  he  is  making 
in  the  assembly,  sometimes —  But  further  enumera 
tion  is  unnecessary.  It  is  enough  that  the  sources  of 


*  A  striking  instance  of  this  kind  is  recorded  of  Lord  Erskine. 
In  the  commencement  of  his  maiden  speech  in  the  House  of  Com 
mons,  "Pitt,"  says  Croly  in  his  Life  of  George  IV.,  "  evidently  in 
tending  to  reply,  sat  with  pen  and  paper  in  his  hand,  prepared  to 
catch  the  arguments  of  his  formidable  adversary.  He  wrote  a  word 
or  two.  Erskine  proceeded ;  but,  with  every  additional  sentence, 
Pitt's  attention  to  the  paper  relaxed,  his  look  became  more  careless, 
and  he  obviously  began  to  think  the  orator  less  and  less  worthy  of 
his  attention.  At  length,  while  every  eye  in  the  House  was  fixed 
upon  him,  with  a  contemptuous  smile  he  dashed  the  pen  through  the 
paper,  and  flung  them  on  the  floor.  Erskine  never  recovered  from 
this  expression  of  disdain  ;  his  voice  faltered,  he  struggled  through 
the  remainder  of  his  speech,  and  sank  into  his  seat  dispirited." 

Thus  Erskine,  an  orator  of  pre-eminent  ability  at  the  bar,  whom 
talents  of  the  highest  order  in  an  opponent  would  rather  have  en 
couraged  than  disheartened,  was  utterly  disconcerted  by  the  power 
of  contempt. 

• 


EXTEMPORANEOUS  SPEAKING.  27 

failure  in  all  these  and  similar  cases,  lie,  not  in  the  ab 
sence  of  natural  endowment,  but  in  causes  quite  re 
movable  by  care,  study  and  effort. 

In  asserting,  however,  that  the  power  of  extempor 
izing  is  the  gift,  not  of  a  few  only,  but  rather  of  the  race 
generally,  we  are,  by  no  means,  to  be  understood  as 
affirming  the  natural  equality  of  all  mankind  in  this 
respect.  Indeed,  the  great  mequality  found  among  men, 
in  facility  of  expression,  is  what  gives  plausibility  to 
the  opinion,  that  while  some  few  possess  it  in  a  high 
degree,  to  the  many  it  is  altogether  denied. 

"What  we  hold  is,  that  all  are,  by  nature,  in  possess 
ion  of  this  faculty ;  that  it  is,  nevertheless,  more  prom 
inent  in  some  than  in  others ;  but  that, like  all  other 
faculties,  it  is  capable  of  indefinite  improvement. 
What  a  man  understands  and  as  he  understands,  he 
will  be  able  to  express ;  whether  gracefully  or  awk 
wardly,  forcibly  or  feebly,  elegantly  or  otherwise,  de 
pends  more  upon  previous  culture  and  discipline  than 
upon  any  natural  endowments  whatever. 

The  history  of  eloquence,  in  all  ages  and  countries, 
teems  with  examples  in  favor  of  the  position,  that  not 
only  the  power  of  extemporaneous  speech,  but  all  the 
other  qualities  engaged  in  the  composition  of  a  genu 
ine  orator,  derive  their  perfection  from  study  ancl 
practice.  Such  was  the  confidence  of  the  celebrated 
Gorgias  Leontinus  in  the  efficacy  of  mental  training,  as 
the  means  of  forming  a  fluent  speaker,  that  he  did  not 
hesitate  to  pledge  himself  to  qualify  his  pupils  to  speak 
extemporaneously  on  any  subject  whatever. 

Undoubtedly  his  pretensions  were  too  high.  Doubt 
less  he  deserved  much  of  the  ridicule  heaped  upon 


28  EXTEMPORANEOUS  SPEAKING. 

him  by  Plato.  But,  after  all,  we  must  remember,  that 
he  was  a  man  of  extraordinary  ability,  that  Plato  was 
his  rival,  and,  moreover,  that  both  in  Khetoric,  which  un 
folds  the  principles,  and  in  Oratory,  which  displays  the 
practice  of  speaking  well,  he  was  confessedly  pre-emi 
nent.  His  testimony,  therefore,  in  the  matter  under  con 
sideration,  must  be  regarded  as  decidedly  valuable.* 

The  toils  and  trials  of  Demosthenes  in  the  effort  to 
overcome  the  obstacles  lying  in  his  way  to  oratorical 
eminence,  are  familiar  to  every  reader  of  ancient  histo 
ry.  What  he  did,  and  what  he  suffered,  and  what, 
finally,  he  came  to  be,  in  consequence  of  thus  doing 
and  suffering,  taken  all  together,  serve  admirably  to 
show,  among  other  things,  the  true  source  of  skill  in  ex 
temporaneous  speaking.  Demosthenes  was,  indeed,  for 
the  most  part,  laborious  in  his  preparations ;  so  much 
so  as  to  elicit  from  Py  theas,  one  of  his  rivals,  and  from 
others,  the  taunting  remark,  thai  "  all  his  arguments 
smelled  of  the  lamp"^  But,  when  the  occasion  demand- 

*  None  of  the  early  rhetoricians  had  a  wider  reputation  than  Gor- 
gias.  Among  his  pupils  was  the  celebrated  Isocrates;  from  whose 
school,  says  Cicero,  as  from  the  Trojan  horse,  issued  a  host  of  heroes. 
When  sent  by  his  countrymen,  the  Leontinians,  at  the  head  of  an 
embassy,  to  seek  the  alliance  of  Athens  against  the  encroachments  of 
Syracuse,  Gorgias  so  charmed  the  Athenians  by  the  power  of  his 
eloquence,  that  he  found  no  difficulty  in  securing  the  end  of  his  mis 
sion.  All  Greece,  it  is  said,  iinited  in.  erecting  a  golden  statue  of 
him  in  the  temple  at  Delphi. 

f  It  is  recorded  of  Demosthenes  by  his  distinguished  biographer, 
that  he  held  it  to  be  a  duty  which  he  owed  to  the  people,  not,  as  a 
general  thing,  to  undertake  to  address  them,  without  duly  consider 
ing  beforehand  what  he  should  say.  Of  Pericles,  also,  the  same  wri 
ter  says,  that  "  such  was  his  solicitude,  when  he  had  to  speak  in  pub 
lic,  that  he  always  first  addressed  a  prayer  to  the  gods,  '  that  not  a 
word  might  unawares  escape  him  unsuitable  to  the  occasion.'  "  The 


EXTEMPOKANEOUS  SPEAKING.  29 

ed,  lie  had  a  habit  of  mind,  derived  from  the  severe  disci 
pline  to  which  it  had  been  subjected,  which  enabled  him, 
upon  the  spur  of  the  moment,  "  to  speak,"  says  Plu 
tarch,  "  as  from  a  supernatural  impulse,"  and  equally  to 
delight  and  instruct  by  his  extemporaneous  effusions. 

In  modern  times,  also,  numerous  cases  have  occurred 
in  which,  after  decided  failures  in  the  first  attempts  at 
extemporaneous  discourse,  men  have,  by  resolution 
and  perseverance,  equally  surprised  themselves  and 
their  friends  in  the  success  which  has  attended  their 
efforts  in  this  direction.  It  is  well  known  that  even 
Sheridan,  from  whom  so  much  was  expected,  on  ac 
count  of  the  brilliancy  of  his  career  in  another  sphere, 
came,  in  his  first  speech  in  the  House  of  Commons, 
amazingly  short  of  those  anticipations  that  had  been 
raised  in  relation  to  the  figure  he  would  'make  in  a 
deliberative  assembly.  But  his  reply  to  "Woodfall, 
whose  opinion  he  had  solicited  respecting  the  merit  of 
.this  his  first  attempt,  and  who  frankly  told  him,  "  I 
don't  think  this  is  your  line:  you  had  better  have  stuck  to 
your  former  pursuits"  is  one  that  announces,  with  pe 
culiar  force,  the  truth  which  we  are  here  anxious  to 
impress.  "It  is  in  me,"  said  he,  "and  it  shall  come 
out  of  me  !"  And  come  out  of  him  it  did ;  for  at  it  he 
went,  with  something  of  Demosthenian  spirit,  and  his 
perseverance  was  ultimately  crowned  with  something 
of  Demosthenian  success. 

This  declaration  and  resolution  of  Sheridan,  so 
briefly  and  so  forcibly  expressed,  should  arrest  the  at- 

conduct  of  these  great  men,  in  this  respect,  is,  or  ought  to  be,  not  a 
little  instructive.  Especially  should  it  be  remembered,  that  their 
solicitude  was  chiefly  about  the  thoughts,  not  about  the  words. 


30  EXTEMPORANEOUS   SPEAKING. 

tention  of  every  young  man,  who  finds  himself  vacil 
lating  between  hope  and  fear  in  his  aspirations  after 
oratorical  ability.  Let  him  accept,  with  unwavering 
faith,  the  doctrine  taught  in  the  first  clause, — "  It  is  in 
me  ;"  let  him  take  with  cool  deliberation  the  resolve 
expressed  in  the  second, — u  and  it  shall  come  out  of 
me ;"  and,  thereafter,  let  neither  zeal  flag,  nor  energy 
fail,  nor  perseverance  yield,  till  that  which  is  within, 
shall  have  shown  itself  without  in  the  form  of  a  ready 
and  effective  debater. 

In  relation  to  the  second  opinion,  cited  at  the  com 
mencement  of  this  section,  and  there  pronounced  er 
roneous,  it  should,  in  the  outset,  be  observed,  that 
whatever  influence  extemporaneous  speaking  may  be 
supposed  to  have  in  producing  habits  of  indolence,  or 
inaccuracy,  it  is  certain  that  the  practice  of  writing  out 
discourses  beforehand  is  no  necessary  safeguard  against 
these  unfortunate  tendencies.  He  that  is  habitually 
careful  and  diligent,  is  not  likely  to  have  his  habits 
broken  up,  but  rather  strengthened  by  the  exercise  of 
his  powers,  as  an  extemporaneous  orator ;  while  he,  in 
whom  carelessness  and  idleness  have  fixed  their  abode, 
has  in  him  two  evil  spirits,  too  powerful  to  be  exor 
cised  by  the  mere  practice  of  penmanship. 

Written  speeches  ought,  we  should  say,  to  give  in 
fallible  evidence  always  of  care  and  assiduity  ;  but  he 
is  certainly  a  listless  looker-on  in  any  of  the  various 
fields  of  public  speaking,  who  is  not  often  forced  to 
wonder  how  people  who  evidently  think  so  loosely 
and  so  lazily,  can  ever  prevail  upon  themselves  to 
undergo  the  mechanical  exertion  necessary  to  write 
out  a  speech.  Men  often  write  what  is  not  worth  writ- 


EXTEMPORANEOUS  SPEAKING.  31 

ing,  just  as  they  often  speak  what  is  not  worth  speak 
ing. 

Extemporaneous  speaking  is  not,  therefore,  to  be 
discouraged,  because  some  persons  seem,  by  the  prac 
tice  of  it,  to  acquire  habits  of  idleness  and  carelessness 
in  the  matter  of  literary  composition.  Eather  let  it 
be  the  more  earnestly  cultivated,  in  order  to  the  avoid 
ance  of  these  very  evils ;  for,  when  well  executed,  it 
assuredly  argues  higher  and  better  culture,  and  conse 
quently,  greater  industry  and  accuracy,  than  belongs, 
or  ever  can  belong,  to  the  race  of  literary  drones. 

But  the  opinion  which  we  are  here  combating,  how 
ever  erroneous,  is  certainly  plausible.  Its  plausibility, 
moreover,  is  due,  undoubtedly,  to  the  experienced  fact, 
that  those  speakers  who  are  in  the  habit  of  seeking 
improvement  in  the  power  of  expression,  by  exercising 
themselves  often  in  written  composition,  are  always 
found  to  be  the  most  ready  and  effective  extemporizers. 
This  testimony  in  favor  of  the  influence  of  written 
upon  oral  exercises  in  composition,  we  cheerfully  ac 
cept,  and  cannot  find  language  strong  enough  to  com 
mend  it  to  those  who  are  ambitious  to  excel  as  de 
baters  ;  for  we  are  here  only  guarding  people  against 
the  error  of  supposing  that,  because  writing  conduces, 
in  the  highest  degree,  to  accuracy  in  composition, 
that,  therefore,  extemporaneous  speaking  is  to  be  re 
linquished  altogether.  Indeed,  one  of  the  most  val 
uable  precepts  for  the  acquisition  of  skill  in  extempo 
rizing,  as  we  shall  presently  see,  is  systematic  practice 
in  reducing  our  thoughts  to  writing. 

But  our  object,  in  this  part  of  the  present  work,  is 
not  so  much  to  consider  and  refute  objections  to  the 


32  EXTEMPOKANEOUS  SPEAKING. 

practice  of  declaiming  extemporaneously,  as  to  offer 
suitable  directions  for  the  cultivation  of  that  useful  art. 
We  hasten,  therefore,  to  direct  attention  to  the  follow 
ing  precepts ;  not,  however,  as  embracing  every  item 
of  instruction  applicable  to  the  case,  but  simply  as  em 
bodying  the  most  prominent  and  available  guidance 
in  this  line  of  intellectual  exertion. 

In  delivering  these  instructions,  it  is  of  course  as 
sumed,  that  the  party  receiving  them  has  an  earnest 
desire  to  become  a  good  extemporaneous  speaker,  and 
is,  therefore,  willing  and  ready,  as  far  as  may  be  prac 
ticable,  to  follow  them  out  in  a  spirit  of  zeal  and  per 
severance.  This  is  an  indispensable  preliminary  to 
any  sort  of  success  in  the  matter ;  for  no  idle  aspira 
tions,  no  lazy  wishes,  unaccompanied  by  resolution 
and  industry,  can  ever  achieve  a  position  worth  occu 
pying  in  the  arena  of  public  debate. 

The  first  rule  which  we  shall  here  lay  down,  as  con 
ducive,  if  rightly  followed,  to  skill  in  the  use  of  ex 
temporaneous  language,  is — Endeavor  always  to  think 
clearly  and  methodically. 

Thinking  and  speaking,  as  before  intimated,  are 
things  correlative.  They  stand  in  the  relation  of  cause 
and  effect.  When,  therefore,  it  is  the  settled  habit  of 
the  mind  to  think  in  an  orderly  and  perspicuous  man 
ner,  it  follows  naturally  that  the  tongue,  which  is  under 
the  guidance  of  the  mind,  should  utter  words  in  a  cor 
responding  style. 

In  order  to  the  efficient  application  of  this  rule,  let 
the  young  speaker  often  assume,  as  an  intellectual 
gymnastic,  some  debatable  subject  for  the  exercise  of 
his  mental  powers.  Let  him  then  deal  with  it  as  with 


EXTEMPOKANEOUS  SPEAKING.  33 

a  thing  of  reality,  a  question  of  real  life.  Let  Mm  ac 
quire  an  interest,  an  enthusiasm,  if  possible,  in  its 
management.  Let  him  survey  it  as  a  whole,  study  it  in 
detail,  detect  its  deficiencies,  bring  out  its  excellencies, 
and  hold  it  up  to  the  light  in  all  possible  aspects.  Let 
him  consider  in  how  many  ways  the  point  which  he 
wishes  to  make  can  be  presented  and  defended,  and, 
among  these,  which  is  the  most  likely  to  be  fully  un 
derstood,  and  fairly  appreciated. 

When  all  this  is  done  in  the  mind,  let  him  try  the 
experiment  of  putting  the  whole  process  into  extem 
poraneous  language.  The  result  will  be  the  measure 
of  his  proficiency  in  the  art ;  and,  if  rightly  regarded, 
cannot  fail,  at  every  repetition  of  the  exercise,  to  prove 
a  healthful  stimulus  to  renewed  exertion. 

The  second  rule  is — Be  in  the  constant  habit  of  seeking 
the  lest  possible  language  for  the  expression  of  your  ideas, 
even  in  ordinary  conversation. 

As  the  best  school  of  practical  morals  is  the  society 
of  moral  people,  so  the  best  exercise  in  oral  expression 
is  conversation  with  refined  and  educated  persons. 
The  converse  of  this  statement  is  also  painfully  true. 
"  Evil  communications  corrupt  good  manners,"  says 
the  Apostle ;  and  some  one  has  aptly  added — "  and 
good  language  too  /" 

He,  therefore,  who  aims  to  be  a  good  deliberative 
orator,  must  be  ever  equally  on  the  alert  to  catch  what 
is  choice  and  correct,  and  to  avoid  what  is  vulgar  and 
inaccurate,  in  his  daily  intercourse  with  others.  It  is 
not  enough  to  exercise  particular  care  on  particular  oc 
casions.  It  must  be  a  thing  of  habit,  growing  out  of  a 
settled  purpose  to  be  superior  in  the  power  of  speech. 


34  EXTEMPOKANEOUS  SPEAKING. 

The  third  rule  is — Read  often  and  carefully  the  best 
specimens  of  deliberative  eloquence. 

An  intelligent  application  of  this  rule  requires  that 
the  student  should  become  familiar  with  many  particu 
lars  bearing  upon  what  he  reads.  What  is  the  precise 
nature  of  the  proposition  which  the  speaker  advocates 
or  opposes  ?  What  are  his  own  personal  relations  to 
it?  What  is  the  character  or  constitution  of  the  body 
whom  he  addresses?  What  the  time,  the  place,  the 
circumstances,  wherein  the  speech  was  delivered  ? 
All  these  and  other  kindred  inquiries  he  should  make, 
in  order  to  put  himself  duly  in  sympathy  with  the  par- 
lios  originally  and  really  interested  in  the  case. 

Then  let  him  observe  accurately  the  speech  itself ; 
its  opening,  the  order  and  relative  force  of  the  several 
arguments  adduced,  the  skill  displayed  in  evading  or 
obviating  objections,  the  pertinency  of  the  illustrations, 
the  facility  and  naturalness  of  the  transitions  from  one 
topic  to  another,  the  closing  remarks  or  peroration, 
and,  throughout  the  whole,  every  grace  and  every  ele 
gance  in  the  structure  of  individual  sentences  or  pas 
sages. 

The  fourth  rule  is — Exercise  your  powers  often  in  the 
practice  of  written  composition. 

"  Writing,"  says  Lord  Bacon,  u  makes  an  accurate 
man/'  and  this  is  the  testimony  of  every  scholar.  The 
rule,  however,  which  we  are  now  commending,  has 
several  modes  of  application.  If  the  student  is  ac 
quainted  with  any  language  other  than  his  vernacular, 
one  of  the  easiest  applications  of  the  present  rule  is 
the  translating  of  passages  out  of  that  foreign  language 
into  his  own.  Every  sentence  thus  translated  is  an  ex- 


EXTEMPORANEOUS   SPEAKING.  35 

ercise,  however  brief,  in  English  composition ;  a  fact 
which  accounts  for  the  greater  facility  in  the  use  of 
language,  which  boys  who  have  studied,  even  for  com 
paratively  short  periods  of  time,  the  Latin  and  Greek 
languages,  than  is  found  in  the  possession  of  those 
who  are  without  that  advantage. 

He,  however,  who  knows  no  other  than  his  native 
tongue,  may  adopt,  with  the  greatest  benefit,  a  custom, 
commended  and  adopted  by  Cicero  and  other  great 
speakers,  in  their  youth, — that  of  reading  carefully  a 
passage  from  some  great  oration  or  other  literary  com 
position,  getting  the  substance  of  it  fairly  in  the  mem 
ory,  and  then  putting  it  again  into  language  the  best 
you  can  command.  There  is,  also,  another  way  of 
reaching  the  result  contemplated  in  this  exercise, 
which  the  author  of  these  observations  has  often  found 
singularly  efficient,  in  the  prosecution  of  his  duties  as 
a  practical  educator.  It  is  simply  to  place  before  the 
learner  a  given  passage  from  a  writer  of  established 
reputation,  and  then  to  require  him  to  express,  in 
words  other  than  those  of  the  author,  the  same  idea ; 
that  is,  neither  more  nor  less  than  what  is  found  in 
the  passage  assigned.  This  is  an  admirable  method 
of  acquiring  precision  of  style,  on  which  depends,  in 
great  measure,  every  other  excellence  of  composition. 

But  a  higher  application  of  the  present  rule  for  the 
cultivation  of  skill  in  speaking,  is  that  which  obliges 
the  young  orator  to  engage  frequently  in  the  practice 
of  original  composition.  In  this,  if  he  would  be  pro 
ficient,  he  must  study  to  bring  into  actual  and  appro 
priate  use  those  essential  principles  and  precepts  which, 
under  the  imposing  names  of  Grammar  and  Rhetoric, 


36  EXTEMPORANEOUS  SPEAKING. 

all  terminate  at  last  in  justifying  that  brief  definition 
of  a  good  style, — "  proper  words  in  proper  places." 

By  the  due  application  of  this  rule,  whether  in  one 
or  in  all  of  the  ways  above  indicated,  the  mind  be 
comes  habituated  to  close  and  accurate  thinking,  fa 
miliar  with  various  forms  of  expression,  and  ready, 
when  the  occasion  demands,  to  display  its  resources  in 
fluent  and  forceful  language. 

The  fifth  and  last  general  rule  which  we  shall  here 
give  for  acquiring  superiority  in  extemporaneous 
speaking,  is — Be  always  diligent  in  the  acquisition  of 
knowledge. 

The  aim  of  this  rule  is  especially  to  reach  the  case 
of  those  who,  relying  upon  a  certain  natural  readiness 
of  utterance,  are  but  too  apt  to  fall  into  the  deplorable 
habit  of  undertaking  to  speak  without  having  any 
thing  in  particular  to  say.  He  that  fails  from  this 
cause,  deserves  to  fail ;  for  he  equally  deceives  him 
self  and  his  audience ;  mistaking  sound  for  sense,  and 
raising  expectations  which  he  is  not  able  to  satisfy. 
A  glib  tongue  in  an  empty  head  is  no  common  calam 
ity. 

There  is  no  kind  of  knowledge,  as  before  intimated, 
which  may  not  be  useful  to  the  deliberative  speaker. 
Such  is  the  variety  of  the  questions  which  he  may 
find  it  necessary  or  desirable  to  discuss,  that  no  mental 
treasures,  however  extensive  or  diversified,  can  exceed 
the  limits  of  his  actual  wants. 

It  was  no  mere  fancy  that  led  the  ancients  to  adopt 
the  principle,  that  the  genuine  orator  should  be  com 
petently  acquainted  with  every  department  of  knowl 
edge.  Not  that,  even  in  their  day,  the  orator  could  be 


EXTEMPOKANEOUS  SPEAKING.  37 

expected  to  be  a  man  of  universal  knowledge,  in  any 
such  sense  as  includes  and  necessitates  a  minute  and 
profound  acquaintance  with  all  the  various  and  com 
plicated  branches  of  human  learning.  This,  if  not 
then,  certainly  now,  would  be  quite  out  of  human 
power  j  but  there  is  an  important  sense  in  which  this 
theory  of  universal  culture  is  unquestionably  true. 
Let  the  standard  be  high,  whatever  may  be  our  defi 
ciencies  in  reaching  it. 

The  perfect  orator  is,  indeed,  the  rarest  of  human 
characters.  It  is  seldom,  in  the  lapse  of  ages,  that  all 
those  qualities  that  must  conspire  to  produce  this  char 
acter  are  found  to  unite  in  a  single  individual.  In 
voice,  in  person,  in  genius,  in  knowledge,  in  fluency, 
in  everything  that  can  influence  the  eye,  the  ear,  the 
heart,  or  the  head,  he  must  be  pre-eminent. 

Few,  therefore,  very  few,  can  ever  hope  to  attain  to 
the  glory  of  being  perfect  orators  ;  but  all,  or  nearly 
all,  by  persevering  and  judicious  practice,  may  become 
ready  and  efficient  speakers. 

"  But,"  as  is  well  observed  by  an  eminent  writer,* 
already  quoted,  "  no  man  ought  to  place  such  confi 
dence  in  his  own  abilities  as  to  hope  to  rise  to  the 
highest  pitch  of  reputation  by  his  first  efforts.  For 
our  extemporary  powers  of  speaking  must  rise  by  de 
grees,  from  inconsiderable  beginnings  to  perfection. 
And  this  can  neither  be  acquired  nor  maintained  without 
practice" 


*  Quinctillian. 


SECTION  IV. 

RULES  OF  ORDER  IN  DELIBERATIVE  ASSEMBLIES. 


part  of  the  present  work  embraces  a  pretty  full 
course  of  instruction  in  the  Eules  of  Order  ob 
served  in  deliberative  assemblies.  For  reasons  else 
where*  assigned,  these  rules  deservedly  claim  the  most 
careful  attention. 

They  are,  indeed,  of  almost  universal  applicability  ; 
but  (as  stated  on  page  41)  are  often,  by  special  rules, 
altered,  modified,  or  superseded,  in  certain  points,  to 
answer  the  demands  of  particular  organizations. 

In  this  part  of  the  subject,  moreover,  we  have 
adopted  the  mode  of  question  and  answer.  This  has 
been  done,  partly,  because  it  seemed  more  likely  to 
elicit  attention,  and,  partly,  because,  where  the  work 
is  employed  as  a  text-book,  such  an  arrangement  can 
hardly  fail  to  prove  highly  convenient  and  useful. 

Those  who  may  wish  merely  to  refer  to  particular 
points,  in  this  or  any  other  part  of  the  work,  will  be 
able  readily  to  reach  their  object,  by  means  of  the  In 
dex  at  the  end,  which  has  been  made,  expressly  for 
that  purpose,  very  full  and  minute. 

*  See  page  40. 


PRELIMINARY  INSTRUCTIONS.  39 

PRELIMINARY  INSTRUCTIONS. 

1.  What  is  a  deliberative  assembly  ? 

A  deliberative  assembly  is  an  organized  meeting  of 
persons  convened  to  consider  and  examine  the  reasons 
for  and  against  measures  and  propositions  submitted 
for  their  decision. 

2.  What'is  meant  by  an  "  organized"  meeting  ? 

To  organize  is  to  form,  or  supply  with  the  proper 
organs,  that  is,  with  the  means  or  instruments  of  action ; 
and,  when  applied  to  an  assemblage  of- persons  gath 
ered  for  deliberation,  signifies  to  supply  with  suitable 
officers,  and  otherwise  so  to  provide,  that  all  the  mem 
bers  may  duly  participate  in  the  proceedings 

3.  What  officers   are  necessary  for  a  deliberative  as 
sembly  ? 

The  officers  necessary  for  a  deliberative  body  are  a 
Presiding  Officer*  and  a  Secretary  or  Clerk ;  but  others 
may  be  appointed,  according  to  the  exigencies  of  the 
occasion,  or  the  special  nature  of  the  organization. 
Thus,  there  may  be  one  or  more  Yice-Presidents,  one 

*  The  presiding  officer  in  a  deliberative  body  is  variously  de 
nominated.  In  the  Senate  of  the  United  States,  he  is  the  President ; 
in  the  House  of  Representatives,  he  is  the  Speaker ;  in  certain  ec 
clesiastical  organizations,  he  is  the  Moderator ;  in  ordinary  meet 
ings,  resulting  from  a  published  call,  he  is  styled  the  Chairman. 
President  is  the  name  most  comprehensive,  and  the  one  most  com 
monly  employed  in  literary  and  other  societies,  in  Boards  of  Man 
agers,  and  in  other  similar  organizations. 


40  RULES  OF  OKDEE. 

or  more  additional  Secretaries,  a  Corresponding  Sec 
retary  and  a  Treasurer. 

4.  Are  the  proceedings,  in  a  deliberative  assembly,  con 
ducted  in  accordance  with  any  particular  rules  ? 

All  business  in  deliberative  bodies  is  transacted  in 
conformity  with,  certain  rules  and  regulations,  which 
experience  has  shown  to  be  fit  and  necessary  for  that 
purpose.  These  are  called  Kules  of  Order, 

5.  What  is  the  particular  advantage  of  rules  of  order  ? 
The  object  of  a  meeting  for  deliberation  is,  of  course, 

to  obtain  a  free  expression  of  opinion,  and  a  fair  de 
cision  of  the  questions  discussed.  Without  rules  of 
order,  this  object  would,  in  most  cases,  be  utterly  de 
feated  ;  for  there  would  be  no  uniformity  in  the  modes 
of  proceeding,  no  restraint  upon  indecorous  or  disor 
derly  conduct,  no  protection  to  the  rights  and  privi 
leges  of  members,  no  guarantee  against  the  caprices 
and  usurpations  of  a  presiding  officer,  no  safeguard 
against  tyrannical  majorities,  nor  any  suitable  regard 
to  the  rights  of  a  minority. 

6.  Are  the  rules  of  order  alike  in  all  deliberative  as- 


The  rules  of  order  in  our  National  Congress  are  es 
sentially  the  same  as  those  in  force  in  the  British  Par 
liament;  being,  in  fact,  mainly  derived  from  that 
source.  There  are,  however,  important  differences; 
growing  chiefly  out  of  differences  in  government  and 
institutions. 

The  rules  of  order  in  our  State  Legislatures  are  sub- 


PRELIMINARY  INSTRUCTIONS.  41 

stantiallj  the  same  as  those  adopted  in  the  National 
Congress  ;  being,  indeed,  founded  thereupon.  But,  as 
the  rules  in  use  in  Congress  differ,  in  some  respects, 
from  those  established  in  Parliament,  so  those  in  the 
several  State  Legislatures  differ,  in  some  particulars, 
from  those  adopted  in  Congress. 

And  again,  as  the  rules  in  the  several  State  Legis 
latures  differ,  in  some  points,  from  those  in  Congress, 
on  which  they  are  founded,  so  do  they  differ  not 
unfrequently  from  one  another;  though  in  all  the 
essentials  of  the  common  code,  they  are  quite  in  har 
mony. 

The  rules  of  order  in  most  other  deliberative  bodies 
in  this  country,  are,  in  the  main,  the  same  with  those 
in  the  National  Congress  or  in  the  State  Legislatures ; 
so  that,  in  almost  all  fundamental  points,  there  is  great 
uniformity  of  practice.  Hence,  in  allusion  to  the 
origin  of  the  code  of  rules  and  regulations,  thus  gen 
erally  established,  it  is  often  called  THE  COMMON  CODE 

OF  PARLIAMENTARY  LAW. 

7.  Is  it  customary,  in  deliberative  bodies,  to  adopt  rules 
other  than  those  embraced  in  this  common  code  ? 

It  is  not  unusual  for  deliberative  bodies  of  every 
kind,  especially  permanent  organizations,  to  adopt, 
in  addition  to  the  common  code,  a  series  of  special 
rules.  These  special  rules,  if,  in  any  particular,  they 
conflict  with  the  ordinary  parliamentary  laws,  always, 
so  far  as  the  body  that  adopts  them  is  concerned,  take 
the  precedence.  Where  there  is  no  special  rule,  there, 
of  course,  the  common  law  is  to  be  enforced. 


42  RULES  OF  ORDER. 

8.  In  what  form  are  the  acts  of  a  deliberative  assembly 
usually  expressed? 

The  decisions  or  resolves  of  a  deliberative  assembly, 
which  properly  constitute  their  acts,  are  usually  em 
bodied  and  affirmed  in  formal  declarations,  called  Kes- 
olutions. 

These  resolutions  are  on  motion  duly  seconded,  and 
stated  from  the  chair,  first  freely  discussed,  and  then 
decided  affirmatively,  or  negatively  by  the  meeting. 

9.  What  is  meant  by  the  phrase  "on  motion,  duly 
seconded"  ? 

"Whenever  a  member  wishes  to  get  the  sense,  or 
judgment  of  the  body  on  any  given  proposition,  and, 
for  that  purpose,  moves,  or  proposes  its  adoption,  he  is 
said  to  make  a  motion. 

To  move  a  resolution,  therefore,  is  simply  to  offer  it 
for  consideration.  But  it  can  never  be  entertained  by 
the  meeting,  unless  it  so  far  finds  favor,  that  some 
member  other  than  the  proposer,  gives  it  his  sanction 
by  becoming  his  second. 

To  second  a  motion,  then,  is  to  join  with  the  pro 
poser  thereof,  as  his  aid  or  second,  in  offering  it  to  the 
consideration  of  the  meeting.  The  party  moving  the 
resolution  introduces  it  with,  or  without  previous  re 
marks,  by  saying:  "  Mr.  President,  I  beg  leave  to  offer 
the  following  Resolution  ;"  which  he  then  reads  aloud. 
The  party  seconding,  simply  says  :  "I  second  that  mo 
tion." 

10.  Are  not  the  words  "motion"  and  "resolution" 
often  convertible  terms  ? 

Motion,  literally  means  the  act  of  moving ;  resolution, 


PRELIMINARY  INSTRUCTIONS.  43 

the  act  of  resolving ;  but  these  words,  like  all  others 
of  the  same  formation,  may  signify,  respectively,  either 
the  act  of  moving,  or  that  which  is  moved,  the  act  of 
resolving,  or  that  which  is  resolved.  Hence,  since  that 
which  is  moved,  or  proposed,  in  a  deliberative  body 
often  proves  identical  with  that  which  is  resolved, 
these  two  words  are  generally  regarded  as  synonymous. 
The  distinction,  however,  between  them  deserves  to  be 
kept  in  mind,  and  it  may  further  serve  to  impress  it, 
if  we  remember,  that  while  it  is  quite  common  and 
proper  to  say,  "/  move  a  resolution"  it  would  be 
wholly  inadmissible  to  reverse  the  terms  and  say, 
" /  resolve  a  motion"* 

11.  In  what  way  or  ways  are  decisions  commonly  made 
in  a  deliberative  assembly  f 

The  decisions  in  a  deliberative  assembly  are  com 
monly  made  by  open  vote ;  often,  also,  by  ballot. 

There  is  also  another  mode  of  taking  the  question^ 
which  is  called,  taking  the  question  by  yeas  and  nays. 

12.  What  is  the  difference  between  a  vote  and  a  ballot  ? 
Vote,  literally  means   a  vow,  wish  or  will.     It  is, 

*  Mathias  (Rules  of  Order,  p*  44)  mentions  a  distinction  made 
in  Legislative  bodies  between  these  two  terms,  which  rests,  as  •will 
be  seen,  essentially  upon  the  original  differences  of  import  indicated 
in  the  text.  He  says :  "  Legislative  bodies  make  a  marked  distinc 
tion  between  resolutions  and  motions.  The  former  are  presumed  to 
embrace  matters  of  importance,  and,  after  being  read  by  the  clerk, 
require  a  motion  to  '  proceed  to  a  second  reading  and  consider 
ation.'  Motions  are  of  minor  character,  and  relate  generally  to 
order  in  taking  up  business,  or  to  some  preparatory  movements 
necessary  for  business.  These  do  not  require  a  second  reading." 


44  EULES  OF  ORDER. 

therefore,  properly  used  to  signify  the  choice,  or  pref 
erence,  which  one  may  have  along  with  others,  in  rela 
tion  to  matters  submitted  for  decision  or  persons  pro 
posed  for  office.  This  choice,  or  preference  may  be 
signified  in  different  ways.  It  may  be  made  viva  voce 
(with  the  living  voice) ;  it  may  be  made  by  raising 
the  hand ;  and,  besides  various  other  ways,  by  ballot. 

Ballot,  primarily,  signifies  a  little  ball ;  and  to  vote  by 
ballot  is  properly  to  signify  one's  choice  by  throwing 
into  a  box,  urn,  or  other  receptacle,  a  ball  so  colored, 
or  otherwise  marked,  as  to  indicate  an  affirmative  or 
negative  vote.  Instead  of  ballots,  however,  tickets, 
as  being  more  convenient,  are  now  generally  used, 
though  the  process  is  still  called  by  the  same  name. 

13.  What  proportion  of  the  votes  given  in  any  case,  is 
necessary  to  determine  a  question  f 

The  number  of  votes  necessary  to  determine  a  ques 
tion,  where  there  is  no  special  rule  to  the  contrary,  is 
always  a  majority.  But,  in  certain  cases,  other  pro 
portions  are  required,  as  two-thirds  or  three-fourths ; 
or,  as  is  sometimes  the  case,  a  mere  plurality. 

14.  What  difference,  in  speaking  of  the  result  of  a  vote 
or  election,  is  there  between  the  terms  majority  and  plu 
rality  ? 

Majority  signifies  the  greater  part,  that  is,  more  than 
half.  He,  therefore,  that  is  elected  by  a  majority,  is 
elected  by  more  than  half  of  all  the  votes  cast. 

Plurality  signifies  a  greater  number ;  that  is  (in  the 
case,  for  example,  of  an  election  where  there  are  more 
than  two  candidates),  a  number  greater  than  that  re- 


PRELIMINARY  INSTRUCTIONS.  45 

ceived  by  any  other  candidate,  but  less  than  half  of 
the  whole  number  of  votes  cast.  Thus,  a  candidate 
may  have  a  plurality  without  having  a  majority  ; 
but  he  cannot  have  a  majority  without  having  a  plu 
rality. 

15.  Must  a  motion  submitted  for  the  decision  of  a  delib 
erative  assembly ',  be  oral  or  written  ? 

Every  motion  calling  for  special  care  and  delibera 
tion,  that  is,  all  important  motions,  should  be  in  writ 
ing  ;  but  motions  merely  affecting  the  order  of  busi 
ness,  or  other  subordinate  matters,  are  usually  oral. 

16.  What  differences  m  meaning  or  application,  if  any, 
are  found  to  obtain  among  the  words  "  Voted,'1'1  "  Ordered" 
and  "  Resolved,"  when  placed  at  the  beginning  of  proposi 
tions  adopted  by  deliberate  assemblies  ? 

Whatever  proposition  has  been  duly  adopted  by  a 
deliberative  assembly,  thereby  becomes  the  vote,  order, 
or  resolution  of  that  assembly.  The  terms  u  Voted," 
"  Ordered"  and  u  Resolved"  therefore,  are  in  so  far 
synonymous,  as  they  all  properly  indicate  what  has 
been  done  or  decided  upon. 

"  Resolved,"  however,  is  the  term  most  generally 
used :  "  Voted"  being  employed,  it  is  said,  chiefly  in 
the  Eastern  States,  while  "  Ordered"  is  confined  main 
ly  to  religious  organizations.* 

*  Hatsell   (quoted  in  Jefferson's  Manual,  section  xxi.)   says : • 

When  the  House  commands,  it  is  "  an  order."  But  facts,  princi 
ples,  their  own  opinions  and  purposes,  are  expressed  in  the  form  of 
resolutions. 


46  KULES   OF   ORDER. 

17.  Why  and  when  is  a  proposition  before  a  deliberative 
body  called  a  question  ? 

When,  after  due  deliberation,  a  motion  comes  to  be 
put  to  vote,  that  is,  when  the  question  of  its  acceptance 
or  rejection  is  directly  submitted  to  the  assembly,  it  is, 
then  and  for  that  reason,  called  the  question. 

18.  What  form  is  observed  in  submitting  a  question  ? 

"When  the  debate,  or  deliberation  upon  a  subject  ap 
pears  to  be  at  a  close,  the  presiding  officer  simply 
asks :  "  Is  the  assembly  ready  for  the  question  ? " 

If  no  one  signifies  a  desire  further  to  discuss  or  con 
sider  the  subject,  he  then  proceeds  to  submit  the  ques 
tion  thus  :  "  As  many  as  are  in  favor  of  the  adoption  of 
the  Resolution,  will  signify  it  by  saying  l  Aye  /' "  Then, 
pausing  a  moment  to  hear  the  response,  he  adds : 
"  Those  of  the  contrary  opinion  will  say  l  No  /' " 

The  answer  on  both  sides  being  duly  given,  the 
President  announces  the  result;  saying,  "  The  ayes  have 
it"  or  " The  noes  have  it"  according  as  he  finds  the  one 
or  the  other  side  in  the  majority. 

Should  there  seem  to  be  any  doubt  about  the  result, 
the  President  should  say  :  "  The  ayes  appear  to  have 
it."  If  then  no  dissatisfaction  is  manifested,  or  no  di 
vision  called  for,  he  adds  :  "  The  ayes  have  it." 

19.  Suppose,  after  the  vote  is  given,  the  president  is  un 
able  to  decide,  or  after  he  has  announced  the  result,  his  de 
cision  is  questioned,  what  should  be  done  f 

Should  the  president,  after  putting  the  question,  (if 
necessary  a  second  time,)  still  be  unable  to  decide,  or 
should  his  decision,  when  announced,  be  brought  into 


PRELIMINARY  INSTRUCTIONS.  47 

question  by  a  member  rising  in  his  place,  and  calling 
for  a  division  of  the  house,  his  duty  is  immediately  to 
so  divide,  or  arrange  the  assembly  as  to  allow  the 
votes  on  each  side  to  be  accurately  counted. 

This  may  be  done  by  directing  the  ayes  and  the 
noes  respectively  to  take  different  sides  of  the  room  ; 
or  by  first  requesting  the  ayes  to  stand  up  in  their 
places  long  enough  to  be  numbered,  and  then  calling 
upon  the  noes  to  do  the  same  thing ;  or  by  asking  the 
ayes  each  to  raise  the  right  hand,  and  as  soon  as  those 
have  been  counted,  inviting  the  noes  to  signify  their 
will  in  the  like  manner. 

Whatever  method  be  adopted,  the  President  is  to 
count,  or  appoint  tellers  to  count,  the  votes  on  each 
side  respectively,  and  announce  the  true  result  to  the 
assembly. 

20.  Suppose  the  members  are  equally  divided,  what  fol 
lows  ? 

If,  on  any  question,  the  members  are  equally  divid 
ed,  the  President  must  give  the  casting,  or  determining 
vote. 

21.  Has  any  member  a  right  to  refrain  from  voting  ? 
Every  member  present  at  the  time  when  a  question 

is  duly  submitted  to  the  assembly  for  decision,  is 
bound  to  give  his  vote  for,  or  against  the  pending 
proposition.* 

22.  What  is  meant  ~by  taking  a  question  by  the  yeas 
and  nays  ? 

It  is  sometimes  thought  proper  to  record  the  names 

*  In  some  deliberative  bodies,  members  are  excused  at  their  own 
request  from  voting ;  but  this  is  clearly  against  duty  in  the  case. 


48  EULES  OF  ORDER. 

of  members  in  connection  with  the  votes  they  give  for 
or  against  a  proposition.  In  order  to  this,  the  ques 
tion  is  thus  stated  :  u  As  many  as  are  in  favor  of  the  res 
olution  (or  whatever  it  is)  will,  as  their  names  are  called, 
answer  l  Yes  ;'  and  as  many  as  are  opposed  to  it,  will  an 
swer  ' No* " 

The  roll  is  then  called  by  the  Clerk,  or  Secretary,  and 
as  each  member  answers  yes,  or  no,  the  answer  is  noted 
or  marked  opposite  his  name  ;  and,  to  afford  opportu 
nity  for  the  correction  of  mistakes,  if  any,  the  names 
of  the  voters  on  each  side  are  again  read  over,  and 
then  the  result  is  formally  declared  by  the  President. 
This  is  what  is  called  taking  a  vote  by  yeas  and 
nays.* 

*  The  method  of  taking  the  yeas  and  nays  in  the  House  of  Rep 
resentatives  in  the  State  of  Massachusetts,  as  described  by  Mr.  Gush 
ing,  is  so  simple  and  so  satisfactory,  as  to  commend  itself  to  every  one. 
"  The  names  of  the  members,"  says  he,  "  being  printed  on  a  sheet, 
the  clerk  calls  them  in  their  order ;  and,  as  each  one  answers,  the 
clerk  (responding  to  the  member  at  the  same  time)  places  a  figure 
in  pencil,  expressing  the  number  of  the  answer,  at  the  left  or  right 
of  the  name,  according  as  the  answer  is  yes  or  no ;  so  that  the  last 
figure  or  number,  on  each  side,  shows  the  number  of  the  answers  on 
that  side ;  and  the  two  last  numbers  or  figures  represent  the  re 
spective  numbers  of  the  affirmatives  and  negatives  on  the  division. 
Thus,  at  the  left  hand  of  the  name  of  the  member  who  first  answers 
yes,  the  clerk  places  a  figure  1 ;  at  the  right  hand  of  the  first  mem 
ber  who  answers  no,  he  also  places  a  figure  1 ;  the  second  member 
that  answers  yes  is  marked  2  ;  and  so  on  to  the  end  of  the  list ;  the 
side  of  the  name,  on  which  the  figure  is  placed,  denoting  whether 
the  answer  is  yes  or  no,  and  the  figure  denoting  the  number  of  the 
answer  on  that  side.  The  affirmatives  and  negatives  are  then  read 
separately,  if  necessary,  though  this  is  usually  omitted,  and  the 
clerk  is  then  prepared,  by  means  of  the  last  figure  on  each  side, 
to  give  the  numbers  to  the  Speaker  to  be  announced  to  the 
House." 


PRELIMINARY  INSTRUCTIONS.  49 

23.  Is  it  in  order  to  re-open  the  discussion  after  the  vot 
ing  upon  it  has  been  commenced  f 

A  debatable  question  is^  always  open  for  discussion 
in  the  assembly,  both  in  the  negative  and  the  affirma 
tive.  And  unless,  therefore,  the  vote  is  taken  by  the 
yeas  and  nays,  in  which  case  both  sides  of  the  ques 
tion  are  voted  upon  simultaneously,  it  is  always  in  or 
der,  even  after  the  affirmative  has  been  put,  to  renew 
the  debate. 

24.  How  can  it  affect  the  result  to  renew  the  discussion, 
seeing  that  one  side  has  already  voted  f 

In  case  of  a  renewal  of  the  debate  after  the  affirma 
tive  has  been  put,  the  question,  when  again  submitted, 
must  be  put  both  in  the  affirmative  and  the  negative  ; 
for  the  new  discussion  may  have  brought  new  light, 
and,  besides,  members  not  present  before  may  have 
since  entered,  and  so  long  as  the  question  remains  un 
der  debate,  every  one  has  a  right  to  a  vote  one  way  or 
the  other,  as  he  pleases. 

25.  Suppose  a  difficulty  arises   during  a  division  on 
some  point  of  order,  as,  for  example,  whether  a  member 
has  a  right  to  vote,  how  is  the  matter  to  be  disposed  of? 

Should  any  difficulty  on  a  point  of  order  arise  dur 
ing  a  division,  the  President  is  to  dispose  of  it  by  a 
peremptory  decision ;  such  decision,  if  improper,  be 
ing  afterwards  subject  to  censure  or  correction.* 

*  He  sometimes,  however,  in  such  cases,  avails  himself  of  the  ad 
vice  of  experienced  members ;  they  keeping  their  seats  to  avoid 
the  appearance  of  debate.  But  all  this  is  at  the  pleasure  of  the 
President ;  otherwise  the  decision  might  be  protracted  beyond  all 
reasonable  bounds.  See  Jef.  Manual,  sec.  xii.,  and  Gushing,  p.  131. 

3 


50  RULES  OF   ORDER. 

26.  If,  while  a  decision  is  going  on,  the  number  of  mem 
bers  present  falls  below  that  required  for  a  quorum,  does 
that  hinder  the  decision  of  the  question  f 

If,  on  a  division,  the  result  of  the  count  shows  that 
the  whole  number  of  votes  is  not  equal  to  that  requir 
ed  for  a  quorum,  no  decision  can  be  had.  In  that 
event  the  matter  to  be  decided,  remains  just  as  it  was 
before  the  decision  was  ordered  or  undertaken,  and 
when  resumed  must  be  continued  from  that  point,  or 
stage  of  progress. 

MODE   OF   ORGANIZING. 

27.  What  is  the  proper  mode  of  organizing  a  meeting  ? 
The  usual  mode  of  organizing  a  meeting  is  for  some 

one,*  at  the  time  appointed,  to  request  the  attention 
of  the  assembly  present,  and  after  suggesting  the  pro 
priety  of  appointing  a  president,  solicit  nominations 
for  that  office.  The  nominations  being  made,  he  moves 
that  the  person  first  nominated  be  requested  to  preside 
over  the  deliberations  of  the  meeting.  If  that  be  sec 
onded,  he  says :  "  Those  in  favor  of  this  motion  will 
please  signify  it  by  saying  *  Aye  /' "  The  response  to 
this  being  given,  he  adds:  "  Those  opposed  to  the  motion 
will  please  say  '  No  /'" 

If  the  question  be  decided  in  the  affirmative,  f  the 

*  If  the  meeting  has  been  convened  by  a  public  call,  or  advertise 
raent,  it  seems  most  proper  that  one  of  the  persons  signing  the  call 
should  commence  business  by  either  nominating  a  person  to  preside, 
or  soliciting  nominations  from  the  assembly.  A  call  for  a  public 
meeting  should  always  state  clearly  the  object  had  in  view,  and  be 
signed  by  the  parties  most  prominent  in  originating  it. 

f  If,  however,  the  question  be  negatived,  another  nomination  is, 


MODE  OF  OEGANIZING.  51 

person  so  elected  immediately  takes  the  chair,  and  pro 
ceeds  to  complete  the  organization,  by  requesting  the 
members  to  nominate  a  suitable  person  for  the  office  of 
Secretary,  as  also  persons  for  such  other  offices  as  may 
be  deemed  necessary  or  expedient. 

28.  Would  it  be  in  order  to  organize  temporarily,  for 
the  purpose  of  effecting  a  permanent  organization  ? 

It  would  not  only  be  in  order,  but  it  is  also  some 
times  very  desirable  to  effect  a  temporary  organiza 
tion,  for  the  express  purpose  of  obtaining  a  judicious 
selection  of  officers.  This  is  especially  the  case  where 
the  meeting  is  composed  of  persons  from  different  and 
distant  parts  of  the  country,  and  who  may  not,  conse 
quently,  be  personally  known  to  one  another. 

The  mode  of  appointing  a  chairman  and  other  offi 
cers  pro  tern.,  is  the  same  as  that  described  (in  answer  to 
question  27)  for  the  appointment  of  permanent  officers. 

29  In  what  way  does  the  meeting,  thus  temporarily 
organized,  proceed  to  select  suitable  officers  ? 

It  is  customary,  and,  perhaps,  always  best,  to  refer 
the  matter  to  a  committee.  The  committee,  in  such 
case,  should  retire  immediately,  examine  the  claims  of 
the  several  persons  apparently  suitable  for  the  places 
to  be  filled,  and,  with  all  convenient  dispatch,  report  a 
list  of  candidates  to  the  meeting.* 

30.  Suppose  it  should  be  the  will  of  a  meeting,  called  for 

of  course,  requested,  and  acted  upon  as  before;  and  this  process  is 
repeated,  if  necessary,  till  a  president  is  chosen. 

*  For  the  mode  of  presenting  and  receiving  the  Report  of  a  Com 
mittee,  see  page  000. 


52  EULES  OF   ORDER. 

a  temporary  purpose,  to  form  itself  into  a  regular  society, 
what  form  should  be  observed  in  so  doing  f 

A  meeting,  or  convention  convoked  for  a  temporary 
object,  may  be  converted  into  a  permanent  organiza 
tion,  by  passing  a  resolution  to  that  effect,  and  provid 
ing,  also,  by  resolution,  for  the  appointment  of  a  com 
mittee  to  draft  and  report  a  constitution  for  the  pro 
posed  society.  The  constitution,  when  duly  accepted 
and  adopted,  should  be  signed  by  all  the  persons  adopt 
ing  it,  and  should  fix  the  conditions,  on  which  other 
persons  might  afterwards  be  admitted  to  membership. 

DUTIES  OF  OFFICERS  A3JD  MEMBERS. 

31.    What  are  the  duties  of  the  President  f 
The  ordinary  duties  of  the  President  are  the  following: 
(1.)  To  preside  impartially  over  the  deliberations  of 
the  assembly, — to  enforce  the  rules  of  order  in  the 
transaction  of  business, — to  be  kind  and  courteous 
himself,  and  to   maintain   due   decorum   among  the 
members, — to   give  information,  when   necessary,  on 
points  of  order,  and,  in  cases   of  dispute,    to   decide 
upon  questions  of  Parliamentary  practice : 

(2.)  To  receive  and  duly  announce  all  messages  and 
communications  for  the  assembly, — to  insist  upon  a 
strict  observance  of  the  order  of  business, — to  submit, 
in  an  orderly  way,  all  proper  motions,  propositions  or 
petitions  made  by  members, — to  see  that  each  member 
has  his  just  rights  and  privileges  in  debate, — to  put  to 
vote  all  questions  that  have  been  properly  brought  for 
ward  for  discussion  and  decision,  and  officially  make 
known  the  result. 


DUTIES  OF  OFFICEES  AND  MEMBEES.  53 

(8.)  To  appoint  by  name,  when  so  directed  or  re 
quired,  the  members  that  are  to  serve  on  committees, — 
to  take  measures,  as  far  as  may  be,  that  such  commit 
tees  discharge  efficiently  the  duties  incumbent  upon 
them ;  and  at  all  meetings,  whether  stated  or  special, 
to  call  for  their  Eeports,  if  due,  and  see  that  these  are, 
in  proper  form,  presented  to  the  meeting  : 

(4.)  To  see,  that  the  several  other  officers  properly 
discharge  the  duties  assigned  to  them, — that  the  requi 
sitions  of  the  Constitution  and  By-Laws  be  fully  com 
plied  with, — that  the  instructions  of  the  society  on 
every  occasion  be  rightly  carried  out, — that  its  acts 
and  proceedings,  when  necessary,  be  duly  authenti 
cated  by  his  signature;  and,  in  short,  that  the  true 
amis  of  the  organization  never  be  frustrated,  either  by 
his  own,  or  the  negligence  of  others. 

32.  What  is  the  duty  of  a  Vice-President  ? 

The  duty  of  the  Yice-President  is,  in  the  absence  of 
the  President,  to  assume  and  transact  all  such  business 
as  properly  falls  within  the  province  of  the  presidential 
office. 

33.  What  are  the  duties  of  the  Recording  Secretary  ? 
The  duties  of  the  Kecording  Secretary  are,  in  general, 

these : 

To  call  the  roll  at  the  opening  of  a  meeting,  and 
note  the  names  of  the  members  absent, — to  record 
faithfully  the  doings  of  the  society, — to  read  aloud  such 
papers  as  may  be  ordered  to  be  read, — to  call  the 
roll  when  the  vote  is  taken  by  yeas  and  nays,  and  re 
cord  the  answer  of  each  member, — to  notify  commit- 


54  EULES  OF  ORDER. 

tees  of  their  appointment  and  of  the  matters  committed 
to  them, — to  authenticate,  when  necessary,  by  his  sig 
nature,  the  acts  and  proceedings  of  the  body,  and  to 
take  in  charge  all  papers  and  documents  belonging 
thereto. 

34.  What  is  the  duty  of  a  Corresponding  Secretary  ? 

The  duty  of  the  Corresponding  Secretary  is  to  con 
duct,  under  the  instructions  of  the  society,  all  corre 
spondence  with  other  societies  or  individuals. 

35.  What  is  the  duty  of  the  Treasurer  ? 

The  duty  of  the  Treasurer  is  to  receive,  and  under 
specified  regulations,  to  disburse  all  moneys  belonging 
to  the  society,- — to  keep  an  accurate  account  of  all  pecu 
niary  matters  pertaining  thereto, — and  when  required, 
to  give  a  clear  and  correct  statement  of  its  financial 
condition. 

36.  What  are  the  rights  of  the  members? 

Every  member  has  an  equal  right  with  every  other 
member,  to  offer  in  the  proper  way,  any  motion,  or  res 
olution  which  he  may  deem  expedient, — to  enter,  in 
the  way  of  explanation  and  discussion,  upon  the  mer 
its  of  his  proposition,  and  to  have  it  duly  weighed  and 
decided  upon  by  the  assembly.  He  has,  also,  in  com 
mon  with  the  rest,  various  other  rights  and  privileges, 
which  will  come  up  more  properly  under  other  heads. 

37.  What  are  the  duties  of  the  members  ? 

The  duty  of  every  member  is  to  follow  strictly  the 
rules  of  order; — to  abstain  from  all  personalities  in  de- 


MODE   OF  COMMENCING  BUSINESS.  55 

never  designedly  or  heedlessly  to  interrupt  an 
other  member  while  speaking, — never  to  create  dis 
turbance  in  the  assembly,  or  any  part  thereof,  by  whis 
pering,  hissing,  or  any  other  act  of  indecency, — and, 
finally,  in  all  respects  to  observe  the  decorum  and 
propriety  of  deportment  proper  to  a  gentleman. 

MODE  OF  COMMENCING  BUSINESS. 

38.  What  is  the  first  step  after  the  organization  of  a 
meeting  ? 

The  first  step  after  organizing  is  for  the  President 
officially  to  announce,  that  the  meeting  being  duly  or 
ganized,  is  now  ready  for  the  transaction  of  business. 

It  is  quite  customary,  moreover,  for  the  President, 
upon  taking  his  place  as  the  presiding  officer  of  a  meet 
ing,  to  make  a  short  address  suitable  to  the  occasion. 
If  the  meeting  be  the  result  of  a  published  call,  he 
should  read  the  call  aloud,  or  himself  state,  in  few 
words,  the  objects  proposed  by  those  who  have  made  it. 

39.  When  the  assembly  is  thus  duly  organized,   and 
ready  for  business,  how  is  it  to  be  introduced? 

Business  may  be  introduced  in  a  deliberative  assem 
bly  either  by  the  presentation  of  petitions,  memorials, 
or  other  papers,  emanating  from  persons  not  belonging 
to  the  body,  or  by  offering  resolutions,  or  by  calling 
for  the  Eeports  of  Committees. 

If  the  meeting  has  been  called  for  some  specific  ob 
ject,  the  proper  course  is  for  some  one  to  rise  and 
move  that  a  Committee  be  appointed  to  draft  Eesolu- 
tions  expressive  of  the  sense  of  the  assembly. 


56  KULES  OF  OEDEK. 

"While  the  Committee  are  out,  engaged  in  this  duty, 
it  is  usual  to  call  on  some  suitable  person  to  address 
the  meeting.  As  soon  as  he  has  closed  his  remarks, 
the  Committee,  if  ready,  immediately  present  their  Re 
port  in  the  manner  described  on  page  112. 

In  case  Resolutions  have  been  prepared  beforehand, 
as  sometimes  happens,  they  are,  of  course,  presented 
to  the  meeting  in  due  form,  without  the  intervention 
of  a  committee. 

40.  How  is  business  commenced  at  a  meeting  of  a  So 
ciety,  or  other  permanent  organization  ? 

The  presiding  officer,  on  taking  his  place,  first  re 
quests  the  members  to  come  to  order.  Then,  either 
by  counting  himself,  or  directing  the  Secretary  to  call- 
the  roll,  he  proceeds  to  ascertain  whether  there  is  a 
quorum  present. 

If  there  be  a  quorum,  he  then  requests  the  Secretary 
to  read  the  minutes  of  the  last  meeting  ;*  if  not,  busi 
ness  is,  of  course,  suspended  till  the  next  regular 
meeting. 

41.  What  is  meant  ly  a  quorum  ? 

A  quorum  is  such  a  number  of  members  as  may,  by 
rule,  or  statute,  be  required  to  be  present  at  a  meeting 
in  order  to  render  the  transactions  of  the  body  legal, 
or  valid.  Thus,  by  the  Constitution  of  the  United 
States,  it  is  provided,  that  a  majority  of  each  House 
of  Congress  shall  be  necessary  to  form  a  quorum  to 
transact  business,  f 

*  For  the  mode  of  approving  of  the  minutes,  (fee.,  &c.,  see  page 
110. 
f  The  term  quorum  (literally,  of  wham)  is  one  of  the  words  used, 


COMMITTEES.  57 

COMMITTEES, 

42.  What  is  a  committee  ? 

It  is  often  convenient,  if  not  necessary,  for  a  delib 
erative  body  to  commit,  or  entrust,  to  one  or  more  of 
its  members  such  matters  as  require  a  more  extended 
examination,  or  a  more  free  discussion,  or  a  more  elab 
orate  preparation  for  action,  than  is  compatible  with 
the  formalities  essential  to  the  government  of  large  as 
semblies.  The  party  or  parties  to  whom  such  matters 
are  committed,  is  called  a  committee. 

43.  Is  a  matter  referred  to  a  committee  for  no  other  pur 
pose  than  for  those  just  specified  f 

A  matter  may  be  referred  to  a  committee  merely  as 
a  suitable  means  of  collecting  information  concerning 
it.  Not  unfrequently  the  reference  to  a  committee  is 
only  a  convenient  mode  of  postponing  the  considera 
tion  of  a  subject. 

44.  May  a  part  only  of  a  subject  be  referred  to  a  com 
mittee  ? 

A  subject  may  be  referred  to  a  committee,  in  part 

in  England,  in  the  Latin  form  of  the  commission  to  justices  of  the 
peace.  The  part  of  the  document  wherein  the  word  occurs,  runs  thus: 
"  We  have  also  assigned  you,  and  every  two  or  more  of  you,  quorum 
unum,  A  B  vel  C  D  vel  E  F,  &c.,  esse  volumus,  that  is,  of  whom  we 
will  that  A  B  or  C  D  or  E  F,  <fcc.,  shall  be  one."  This  made  it 
necessary  that  certain  individuals,  who,  in  the  language  of  the 
commission,  were  said  to  be  of  the  "  quorum,"  should  be  present  dur 
ing  the  transaction  of  business. 

Hence,  in  legislative  and  other  deliberative  bodies,  has  arisen  the 
application  of  the  term  to  such  a  number  of  the  members  as  may  be 
declared  necessary  to  gi^<)  validity  to  any  business  proceeding. 

3* 


58  RULES  OF  ORDER. 

or  in  whole,  at  the  pleasure  of  the  assembly ;  or  dif 
ferent  parts  of  the  same  subject  may  be  referred  to 
different  committees. 

45.  What  is  the  difference   between  a  Select  and  a 
Standing  Committee  ? 

In  most  deliberative  assemblies,  it  is  found  advan 
tageous  to  have  several  permanent  committees,  to  each 
of  which  a  particular  subject,  or  class  of  subjects  is  in 
general  referred.  Such  committees  are  called  Standing 
Committees. 

Now  and  then,  however,  there  arises  a  subject  not 
properly  referable  to  any  one  of  the  standing  commit 
tees,  or,  for  some  cause,  or  other,  more  proper  to  be 
entrusted  to  a  committee  chosen  expressly  for  the  oc 
casion.  Such  a  committee  is  called  a  Select  Committee. 

46.  Are  committees  bound  by  particular  instructions,  or 
left  to  act  according  to  their  own  discretion  ? 

The  office  of  a  committee  is  essentially  that  of  an 
agent,  or  factor ;  and  as  an  agent  is  bound  always  to 
obey  the  instructions  of  his  principal,  or  if  under  no 
special  instructions,  he  is  to  do  what  best  he  can  to 
promote  the  interest  committed  to  his  charge,  so  a 
committee  is  bound  at  all  times  to  follow  out  strictly 
the  directions  given  by  the  assembly,  or  if  left  to  their 
own  discretion,  their  duty  is  to  exercise  their  best 
judgment  in  carrying  out  the  will  of  the  body  for 
whom  they  act.* 

*  The  assembly  may,  at  any  time  during  the  progress  of  their  de 
liberations,  revoke  instructions  previously  given,  impose  new  ones 
producing  an  entirely  different  aspect  or  direction  of  affairs,  or 
leave  them  altogether  to  their  own  discretion. 


COMMITTEES.  59 

47.  How  is  the  number  of  which  a  committee  shall  con 
sist,  decided  upon  f 

If,  in  the  motion  to  appoint  a  committee,  whether 
select  or  standing,  the  number  of  persons  of  which  it 
shall  consist,  is  not  specified,  it  is  customary  for  mem 
bers,  without  resort  to  a  motion,  to  propose  different 
numbers,  as  each  may  prefer.  The  President,  then 
following  the  rule  observed  in  the  case  of  filling 
blanks,*  puts  to  vote  the  question  on  each  number,  be 
ginning  with  the  highest,  till  he  comes  to  that  on  which 
the  assembly  can  agree. 

48.  After  the  number  is  fixed,  of  which  a  committee 
shall  be  composed,  what  is  the  mode  of  selecting  the  mem 
bers  of  it? 

The  members  of  a  committee  may  be  appointed  by 
the  presiding  officer,  either  in  virtue  of  some  standing 
rule,  or  in  accordance  with  a  motion  made  for  the  oc 
casion  ;  or  they  may  be  elected  by  ballot,  provided  a 
resolution  is  passed  to  that  effect ;  or,  lastly,  they  may 
be  chosen  by  an  open  nomination  and  vote  of  the 
assembly. 

49.  In  the  choice  of  members  to  serve  on  a  committee,  is 
regard  to  be  had  to  their  previously  known,  or  expressed 
opinions  on  the  matters  to  be  referred  to  them  ? 

The  general  rule  is,  that  he  who  is  known  to  be  ut 
terly  opposed  to  a  proposition,  should  not  be  appointed 
on  a  committee,  charged  merely  with  the  amendment 
or  modification  of  that  proposition;  since  his  aim 
would  not  be  to  amend,  but  to  destroy. 

*  See  page  98. 


60  RULES  OF  ORDER. 

If,  therefore,  the  design  of  the  commitment  is  amend 
ment,  which  is  here  taken  for  granted,  those  only 
ought  to  be  members  of  the  committee,  who,  though 
friendly  to  the  measure,  or  proposition,  in  the  main, 
still  desire  to  amend,  or  alter  it  in  certain  particulars. 

This  rule,  however,  is  rather  discretionary  than  im 
perative;  since  the  appointing  power,  whether  the 
President  or  the  assembly,  is  under  no  positive  obliga 
tion  to  observe  it.* 

50.  Is  a  committee  free  to  organize  in  its  own  way,  or 
must  it  be  organized  under  special  instructions  from  the 


Every  committee  has  the  right  to  organize  in  its  own 
way ;  that  is,  is  perfectly  free  to  appoint  its  own  offi- 
cers.f  But,  as  in  the  assembly,  it  is  usually  consid 
ered  polite  and  proper  to  place  on  the  committee 
both  the  mover  and  the  seconder  of  the  motion  to 
raise  such  committee,  so  in  the  committee  itself,  it  is, 
as  a  matter  of  courtesy,  so  customary  as  to  amount  al 
most  to  a  rule,  to  appoint  the  member  first  named,  or 
selected,  to  act  as  its  chairman,  and  to  report  its  pro 
ceedings  to  the  body  at  large.J 

*  It  is  the  duty  of  the  Secretary,  when  a  committee  has  been 
appointed,  to  make  out  a  list  of  the  members,  and  send  it,  together 
with  a  copy  of  the  instructions  under  which  they  are  to  act,  to  the 
person  first  named  on  the  list. 

f  See,  however,  the  answer  to  question  68,  and  the  note. 

\  The  person  first  named  on  a  committee  always  acts  as  chair 
man  pro.  tern,  till  the  permanent  Chairman  is  appointed.  It  is  his 
duty,  accordingly,  to  call  a  meeting  of  his  colleagues  at  the  earliest 
convenience,  and  so  open  the  way  to  business. 


COMMITTEES.  61 

51.  Is  a  committee  at  liberty  to  fix  its  own  time  and 

place  of  meeting  ? 

In  respect  to  the  time  and  place  of  meeting,  as  in 
respect  to  the  disposition  of  the  matters  entrusted  to 
it,  a  committee  is  always  subject  to  the  direction  of 
the  assembly ;  and  if,  when  ordered  to  meet  at  a  par 
ticular  time,  it  fails  of  that  time,  it  is  not  at  liberty  to 
enter  upon  duty,  till  again  directed  to  sit  by  the  as 
sembly. 

But,  if  left  without  special  direction  in  this  regard, 
the  committee  has  power,  as  a  matter  of  course,  to 
choose  such  time  and  place  as  may  be  deemed  expedi 
ent;  provided  always,  the  time  be  not  that  during 
which  the  assembly  itself  is  in  session. 

52.  May  the  members  of  a  committee  transact  the  busi 
ness  referred  to  them,  by  separate  consultation,  and  without 
the  formality  of  a  regular  meeting  ? 

Nothing  is  the  act  of  a  committee,  which  is  not  done 
or  agreed  to,  in  the  committee  duly  assembled,  as  such. 
There  can,  therefore,  be  no  such  thing  as  the  report 
of  a  committee,  made  by  separate  consultation,  and 
without  the  formality  of  a  regular  meeting  of  its  mem 
bers. 

53.  Are  committees  never  allowed  to  sit  in  deliberation, 
while  the  assembly  itself  is  in  session  ? 

If  the  business  is  such  as  to  require  immediate  at 
tention,  or  the  assembly  is  anxious  for  despatch,  a 
committee  may  be  ordered  to  sit,  while  the  body  itself 
is  in  session.  But,  unless  so  ordered,  it  is  contrary  to 


62  RULES  OF  ORDER. 

a  rule  founded  on  obvious  propriety,  for  a  committee 
to  sit  while  the  assembly  is  sitting.* 

If,  therefore,  the  body  itself,  after  an  adjournment, 
is  found  to  be  in  session,  while  the  committee  is  yet 
engaged  in  its  deliberations,  it  is  the  duty  of  the  com 
mittee  forthwith  to  rise  and  attend  the  assembly. 

54.  Is  it  necessary  in,  order  to  the  transaction  of  busi 
ness  in  committee,  that  all  the  members  of  the  committee 
should  be  present  ? 

The  number  of  members  necessary  to  form  a  quo 
rum  for  the  transaction  of  business  in  a  committee,  is 
sometimes  fixed  by  a  vote,  or  by  a  standing  rule  of 
the  assembly.  Where,  however,  this  is  not  the  case, 
a  majority  is,  in  this  country,  commonly  considered 
requisite  to  constitute  a  quorum,  or  else  whatever 
other  proportion  may  be  necessary  to  a  quorum  in  the 
assembly  itself. 

55.  What  subjects  are  usually  referred  to  committees1 
and  what  is  the  ordinary  mode  of  proceeding  in  them  ? 

To  committees,  as  before  observed, f  are  usually  re- 

*  The  rule  that  committees  are  not  to  sit  during  the  session  of 
the  assembly,  is  founded  upon  the  principle,  that  the  presence  of  the 
members  constituting  the  committee,  as  well  as  that  of  all  others, 
is  necessary  to  full  and  efficient  service  in  the  body.  The  absence 
of  a  single  member  is  often  a  great  disadvantage. 

The  meetings  of  the  assembly  itself  are,  on  this  account,  not  un- 
frequently  so  appointed  as  to  time,  as  to  allow  full  opportunity  for 
the  discharge  of  duty  in  committees.  Thus,  it  is  well  known  that 
in  Congress  the  daily  sessions  do  not  commence  till  twelve  o'clock, 
mainly  out  of  regard  to  the  immense  amount  of  labor  devolving 
upon  committees  in  preparing  and  digesting  business  for  action  in 
the  two  Houses. 

f  See  answer  to  question  42. 


COMMITTEES.  63 

ferred  such  papers,  propositions,  or  other  matters,  as 
require  to  be  digested,  amended,  or  examined  with  a 
minuteness  of  detail  very  inconvenient,  if  not  quite 
impracticable,  in  the  full  assembly.  Accordingly, 
they  are  often  obliged  to  make  many  personal  inquir 
ies,  to  examine  lengthy  documents  bearing  upon  the 
subject  confided  to  them,  to  examine  witnesses,  and 
otherwise  to  pursue  protracted  investigations. 

In  regard  to  the  mode  of  proceeding  in  committee, 
the  order,  in  most  respects,  is  the  same  with  that  ob 
served  in  the  assembly  itself.  Thus,  nothing  is  con 
sidered  as  an  act  of  the  committee,  which  has  not  been 
done  in  a  meeting  regularly  convened  ;  wherein  busi 
ness  must  be  transacted  by  motions  duly  made,  sec 
onded  and  passed,  as  in  the  assembly. 

56.  Is  it  necessary  for  a  committee  to  append  to  their 
report  a  resolution  respecting  the  subject  of  their  delibera 
tions,  and  to  recommend  its  adoption  by  the  assembly  f 

The  very  object  of  a  committee  is  to  prepare  busi 
ness  for  the  action  of  the  assembly.  It  is,  therefore, 
settled  by  an  almost  universal  usage,  that  every  report 
of  a  committee  should  conclude  with  a  resolution.* 

57.  What  course  is  adopted  in  the  case  of  breaches  of 
order,  or  disorderly  words  in  a  committee  f 

A  breach  of  order  in  committee  is  not  punishable 
by  the  committee  itself ;  neither  are  disorderly  words. 

*  If  the  committee  lias  been  raised  merely  to  gather  information, 
or  if  they  should  think  proper  to  render  a  verbal  report,  declaring 
the  matter  of  no  sufficient  interest  or  importance  to  require  action, 
the  report  should  close  with  a  resolution  to  discharge  the  committee 
from  the  further  consideration  of  the  subject. 


64:  EULES  OF  ORDEK. 

Both  must  be  reported  to  the  assembly ;  the  disorderly 
words  being  written  down  as  when  occurring  in  the 

assembly  itself.* 

58.  When  a  subject  is  referred  to  a  committee,  is  it  left 
with  them  to  treat  it  as  they  please  ? 

A  committee  may  be  instructed,  or  directed  in  rela 
tion  to  the  subject  committed  to  their  charge,  or  not,  at 
the  pleasure  of  the  assembly.  But,  if  left  without  in 
structions  as  to  the  duties  assigned  them,  they  have 
the  right  to  treat  the  matter  entirely  according  to  their 
own  judgment,  and  to  report  to  the  assembly  upon  it 
in  whatever  manner  they  deem  expedient. 

59.  What  is  the  course  pursued  in  relation  to  papers 
before  a  committee  ? 

The  course  pursued  in  relation  to  papers  is,  in  gen 
eral,  the  same  as  that  adopted  in  the  assembly.  The 
paper  is  first  read  through  by  the  Secretary  or  the 
Chairman  ;  then  it  is  again  read  by  the  Chairman,  by 
paragraphs  or  sections ;  he  pausing,  at  proper  inter 
vals,  to  hear  and  put  to  the  vote  the  amendments,  if 
any,  that  may  be  offered  by  members.  This  being 
done,  if  the  paper  is  one  that  has  originated  with  the 
committee,  the  question  is  then  taken  upon  the  whole 
document,  as  amended  or  unamended. 

If,  however,  the  paper  is  not  original  with  the  com 
mittee,  but  is  one  that  has  been  merely  submitted  for 
amendment,  the  question  upon  the  adoption,  or  rejec 
tion  of  the  whole  is  not,  of  course,  to  be  taken  •  for 
that,  as  well  as  the  amendment  proposed  by  the  com 
mittee,  belongs  ultimately  to  the  assembly  itself. 

*  See  page  124. 


COMMITTEES.  65 

60.  Suppose  the  committee  should  be  opposed  to  the  pa 
per  altogether,  ivhat  is  to  be  done  ? 

In  the  event  of  a  committee  being  entirely  opposed 
to  a  paper  submitted  for  amendment,  their  course  is  to 
report  it  back  to  the  assembly  unamended,  with  the 
reasons  therefor,  if  thought  desirable,  and  then,  not  as 
members  of  the  committee,  but  as  members  of  the 
body  at  large,  make  what  opposition  to  it  they  see  fit. 

61.  Is  a  committee  at  liberty  to  alter,  by  way  of  amend 
ment,  or  otherwise,  the  subject-matter  under  consideration  ? 

No  committee  is  allowed  to  alter  the  subject  under 
deliberation,  their  duty  being  confined  strictly  to  a 
consideration  of  its  nature  and  bearings. 

When  the  subject  is  referred  with  instructions,  the 
instructions  must,  of  course,  be  strictly  obeyed. 

62.  Is  a  committee  at  liberty  to  erase,  interline,  or  other 
wise  mark  over  a  paper  under  their  consideration  ? 

A  committee  is,  of  course,  at  liberty  to  erase,  inter 
line,  or  otherwise  mark  any  paper  originating  with 
themselves. 

But,  in  the  case  of  a  paper  submitted  by  the  assem 
bly,  they  have  no  right  to  mark,  or  deface  it  in  any  way, 
or  for  any  purpose  whatever.  If  they  agree  to  propose 
amendments  or  alterations,  these  must  be  put  on  a  sep 
arate  piece  of  paper,  and  the  places  where  it  is  pro 
posed  to  insert  them,  designated  by  the  proper  line, 
page,  paragraph,  or  section  of  the  original  document. 

The  committee  may,  however,  if  they  please,  report 
their  amendment  in  the  form  of  a  new  draft  of  the 


66  EULES  OF   ORDER. 

original  paper,  with,  the  amendments  duly  made  and 
inserted.  This,  in  fact,  where  the  alterations  are  mi 
nute  or  numerous,  is  decidedly  the  best  way. 

63.  Supposing  a  difference  of  opinion  to  exist  among 
the  members  of  a  committee,  have  the  minority  a  right  to 
bring  in  a  counter  report  ? 

The  reception  of  a  report  from  the  minority  of  a 
committee  is  conceded  rather  as  a  favor  than  as  a  right. 
This  is  done,  though  not  strictly  in  order,  partly  out 
of  courtesy,  and  partly  for  the  sake  of  a  more  full  de 
velopment  of  the  matter  in  dispute.* 

*  On  the  subject  of  Minority  Reports,  Mr.  Gushing  very  justly 
says  : — "  The  report  of  a  committee  being  the  conclusion  which  is 
agreed  to  by  a  majority  of  the  members,  the  dissenting,  or  not-agree 
ing  members,  according  to  strict  parliamentary  practice,  would 
have  no  other  mode  of  bringing  their  views  before  the  assembly 
than  as  individual  members.  Inasmuch,  however,  as  such  members 
may  be  supposed  to  have  given  the  subject  equal  consideration  with 
the  other  members  of  the  committee,  and  may,  therefore,  be  in  pos 
session  of  views  and  opinions  equally  worthy  of  the  attention  of 
the  assembly,  the  practice  has  become  general  in  the  legislative  as 
semblies  of  this  country,  to  allow  members  in  the  minority  to  pre 
sent  their  views  and  conclusions  in  the  parliamentary  form  of  a  re 
port,  which  is  accordingly  known  by  the  somewhat  incongruous  ap 
pellation  of  a  minority  report.  Any  two,  or  more  of  the  members 
may  unite  in  such  a  report,  or  each  one  of  them  may  express  his 
views  in  a  separate  document. 

"  A  minority  report  is  not  recognized  as  a  report  of  the  committee, 
or  acted  upon  as  such ;  it  is  received  by  courtesy,  and  allowed  to 
accompany  the  report,  as  representing  the  opinions  of  the  minority ; 
and,  in  order  to  its  being  adopted  by  the  assembly,  it  must  be  mov 
ed  as  an  amendment  to  the  report,  when  that  comes  to  be  consid 
ered." 

For  more  on  this  subject,  see  page  116. 


COMMITTEE   OF  THE  WHOLE.  67 

COMMITTEE  OF  THE  WHOLE. 

64.  What  is  a  committee  of  the  whole  ? 

A  committee  may  consist,  according  to  the  pleasure 
of  the  assembly,  of  one  member  only,  of  a  number  of 
members,  or  of  the  entire  body.  A  committee  em 
bracing  the  entire  body,  is  called  a  committee  of  the 
whole. 

65.  What  is  the  use  of  a  committee  of  the  whole  ? 

There  are  times  when  it  is  best  for  the  whole  assem 
bly,  unfettered  by  certain  parliamentary  restraints,  to 
deal  with  a  subject  after  the  manner  adopted  in  ordi 
nary  committees.  In  such  cases,  it  is  usual  for  the 
body  to  resolve  itself  into  a  committee  of  the  whole. 

66.  What  is  the  form  employed  in  resolving  an  assem 
bly  into  a  committee  of  the  whole  ? 

The  form  employed  in  resolving  an  assembly  into  a 
committee  of  the  whole,  is  this :  A  member  rises  in  his 
place,  and  moves,  "  that  the  assembly  do  now  resolve  itself 
into  a  committee  of  the  whole,  to  take  under  consideration 
the  subject"  (whatever  it  is) ;  and  this  being  seconded,  the 
question  is  put  to  vote  by  the  presiding  officer. 

If  decided  in  the  affirmative,  the  President,  after  an 
nouncing  the  result,  resigns  the  chair  to  whomsoever 
is  named,  or  appointed  to  act  as  chairman  of  the  com 
mittee,  and  then  takes  part,  like  other  members,  in  the 
matters  under  deliberation. 

67.  How  is  the  Chairman  of  the  committee  of  the  whole 
appointed? 

Immediately  after  the  passage  of  a  resolution  to  go 


68  RULES  OF  ORDEE. 

into  a  committee  of  the  whole,  it  is  usual  for  the  Pres 
ident  of  the  assembly  to  name,  .or  designate  a  member 
to  act  as  chairman  of  the  committee. 

This  he  does  either  in  virtue  of  some  special  rule  or 
in  accordance  with  established  custom :  if  in  virtue  of 
a  rule,  the  person  so  named,  or  designated  is  thereby 
appointed :  if  merely  in  compliance  with  custom,  the 
appointment  may,  or  may  not  be  acquiesced  in  accord 
ing  to  the  will  of  the  members. 

If,  therefore,  on  going  into  a  committee  of  the  whole, 
the  presiding  officer,  in  conformity  with  usage,  but 
without  the  authority  of  a  special  rule,  assigns  to  a 
member  the  chairmanship  of  the  committee,  if  no  one 
objects  all  is  right,  and  the  appointment  is  valid ;  but  if 
objection  be  made,  a  chairman  must  be  appointed  by  a 
regular  vote. 

68.  Is  the  election,  in  such  case,  to  be  made  by  a  vote  of 
the  members  acting  in  the  capacity  of  a  committee,  or  in 
that  of  the  assembly  proper  ? 

If,  as  supposed  in  the  preceding  answer,  the  appoint 
ment  of  a  chairman  by  vote  becomes  necessary,  it  must 
be  by  a  vote  of  the  assembly  as  such :  the  presiding 
officer  resuming  the  chair  in  order  to  put  the  question.* 

*  Jefferson,  in  his  Manual  (Section  xii.),  says,  that,  where  the  ap 
pointment  is  to  be  made  by  vote,  committees  of  the  whole  "  have 
a  right  to  elect  one ;  some  member,  by  consent,  putting  the  ques 
tion."  On  this,  Mr.  Gushing  (p.  175)  says : — "  The  statement  that, 
where  a  Chairman  is  to  be  appointed  by  vote,  the  question  is  to  be 
put  by  some  member  in  the  committee,  though  laid  down  by  Mr. 
Jefferson,  on  the  authority  of  an  old  writer  on  parliamentary  pro 
ceedings,  is  not  sanctioned  by  Hatsell,  or  borne  out  by  the  modern 
practice  in  the  British  parliament." 


COMMITTEE  OF  THE  WHOLE.  69 

69.  What  number  of  members  constitutes  a  quorum  in 
a  committee  of  the  whole  ? 

Whatever  number  constitutes  a  quorum  in  the  as 
sembly  itself,  constitutes  a  quorum  in  a  committee  of 
the  whole. 

70.  What  course  is  taken  when  no  quorum  is  present  ? 

"When  the  number  present  in  a  committee  of  the 
whole  becomes  less  than  that  required  to  form  a  quorum, 
the  committee,  upon  motion  to  that  effect,  must  rise ; 
in  which  case,  the  presiding  officer  of  the  assembly, 
whose  duty  is  always  to  be  present  in  the  committee, 
and  ready,  when  necessary,  to  resume  the  chair,  takes 
his  proper  place,  and  the  committee  of  the  whole  is  ac 
cordingly  dissolved. 

71.  How  is  a  Secretary  appointed  in  committee  of  the 
whole  ? 

In  committee  of  the  whole,  the  Clerk  or  Secretary  of 
of  the  assembly,  or  his  assistant,  if  he  has  one,  acts  as 
secretary. 

72.  Does  he  record  the  proceedings  of  the  committee  on 
the  journal,  or  minute-book  of  the  assembly? 

The  report  of  the  committee,  that  is,  whatever  they 
conclude  to  lay  before  the  assembly,  as  the  result 
of  their  deliberation,  the  Clerk,  or  Secretary  at  the 
proper  time  enters,  of  course,  upon  his  record ;  but  the 
proceedings  in  committee  are  not  recorded  in  his  jour 
nal. 


70  RULES  OF  ORDER. 

73.  Are  the  proceedings  in  a  committee  of  the  whole  dif 
ferent  from  those  in  the  assembly  itself? 

The  mode  of  proceeding  and  the  rules  of  order  in  a 
committee  of  the  whole  are  not  essentially  different 
from  those  observed  in  the  body  itself.  But,  as  the 
only  object  of  a  committee  is  to  secure  a  release  from 
certain  embarrasments,  necessarily  existent  in  the  con 
duct  of  the  assembly  proper,  it  follows,  as  a  m  atter  of 
course,  that  some  differences  must  be  made  in  the  or 
der  of  proceeding. 

74.  What  are  the  principal  points  in  which  the  order 
of  proceeding  in  a  committee  of  the  whole,  differs  from  that 
pursued  in  the  assembly  itself  f 

In  the  assembly,  a  member  cannot  speak  more  than 
once  or  twice  on  the  same  subject ;  in  committee  of 
the  whole,  he  may  speak  as  often  as  he  pleases.  In 
the  assembly,  all  discussions  may  be  suddenly  arrested 
by  the  use  of  the  previous  question  ;  in  committee  of 
the  whole,  the  previous  question  can  never  be  intro 
duced.  In  the  assembly,  the  yeas  and  nays  may  be 
called  for,  and  an  appeal  be  made  from  the  decisions 
of  the  chair  ;  in  committee  of  the  whole,  neither  a 
call  for  the  yeas  and  nays  nor  an  appeal  from  the 
chair  is  allowable.  In  the  assembly,  committees  of 
their  own  number  may  be  raised  at  any  time ;  in  com 
mittee  of  the  whole,  a  committee  of  their  own  number, 
that  is,  a  sub-committee,  is  inadmissible.  In  the  assem 
bly,  any  breach  of  order  may  be  punished ;  in  commit 
tee  of  the  whole,  as  in  other  committees,  the  matter 
must  be  referred  to  the  assembly.  In  the  assembly,  a 
motion  may  be  made  and  carried  to  adjourn  to  another 


COMMITTEE  OF  THE  WHOLE.  71 

time  and  place  ;  in  committee  of  the  whole,  if,  for  any 
reason,  it  is  thought  proper  to  discontinue  their  delib 
erations  for  a  time,  it  is  necessary  for  some  one  to 
move  that  the  committee  rise,  report  progress,  and  ask 
leave  to  sit  again. 

Besides  all  this,  greater  freedom  every  way  is  allow 
ed  in  committee  of  the  whole  than  would  be  admis 
sible  in  the  assembly  ;  and,  moreover,  the  proceedings 
in  the  committee,  which,  though  leading  to  results 
however  useful,  are  themselves  often  tedious  and  in 
formal,  are  not  required  to  be  placed  upon  the  record, 
as  would  be  the  case  were  they  the  transactions  of  the 
assembly  as  such. 

75.  What  form  is  observed,  when  the  committee  rise  and 


If  the  motion  to  rise  is  carried,  the  Chairman  of  the 
committee  immediately  yields  the  chair  to  the  Presi 
dent  of  the  assembly.  Then,  taking  his  proper  place 
among  the  members,  he  rises  and  informs  the  presi 
dent  that  the  committee  of  the  whole  have,  in  obedi 
ence  to  the  order  of  the  assembly,  had  the  subject  of 
(whatever  it  may  be)  under  consideration ;  that  some 
progress  had  been  made  in  the  disposition  of  it ;  and 
that,  for  want  of  time  (or  whatever  other  cause),  hav 
ing  been  obliged  to  discontinue  their  deliberations, 
they  had  instructed  him  to  ask  leave  for  the  committee 
to  sit  again. 

76.  If  leave  be  granted  for  the  committee  to  sit  again,  is 
it  necessary  for  the  assembly,  at  the  time  appointed, 


72  EULES  OF   ORDEB. 

again  formally  to  resolve  itself  into  a  committee  of  the 
whole  ? 

If  the  motion  to  grant  the  request  of  the  committee 
for  another  sitting  be  decided  in  the  affirmative,  the 
assembly  must  then  also,  by  motion,  name  the  time 
for  that  sitting,  and,  when  that  time  arrives,  it  is  nec 
essary  to  go  again  regularly  through  the  formality 
of  resolving  the  assembly  into  a  committee  of  the 
whole. 

77.  What  course  is  taken  in  committee  of  the  whole, 
when  the  business  referred  to  them,  is  finished  ? 

When  the  business  referred  to  the  committee  of  the 
whole,  is  finished,  some  one  moves  that  the  committee 
do  now  rise  and  report.  This  motion  being  passed, 
the  President  of  the  assembly  resumes  the  chair,  and 
the  Chairman  of  the  committee  rising  in  his  place 
among  the  members,  states  that  the  committee  of  the 
whole,  having  finished  the  business  entrusted  to  them, 
have  directed  him  to  present  a  report,  which  is  ready, 
whenever  it  is  the  pleasure  of  the  assembly  to  re 
ceive  it. 

The  proper  way  then,  is  to  fix  by  motion  the  time 
for  receiving  the  report.  But  often,  in  the  matter  of 
receiving  a  report,  a  formal  motion  is  omitted :  the  as 
sembly,  if  that  be  their  pleasure,  crying  out,  "Now I 
Now  1"  or  if  another  time,  "  Monday  1  Tuesday  I"  or 
whatever  other  day  they  choose. 


SECTION  V. 

PRIVILEGED     QUESTIONS. 

78.  What  are  privileged  questions  ? 

The  general  rule,  in  deliberative  bodies,  is,  that  the 
question  first  moved  and  seconded,  shall  first  be  put  to 
the  vote.  Circumstances,  however,  sometimes  require 
a  departure  from  this  rule. 

There  are,  accordingly,  certain  motions,  or  questions 
which  are  allowed  to  supersede  a  proposition  already 
under  debate,  and  which,  for  that  reason,  are  denomi 
nated  privileged  questions.  The  question  superseded, 
in  such  case,  is  called  the  main,  or  principal  question. 

79.  What  are  the  particular  circumstances  that  call  for 
the  use  of  privileged  questions  f 

The  circumstances  requiring  resort  to  the  use  of 
privileged  questions,  are  various.  Thus,  the  assembly, 
exhausted  by  long-continued  attention  to  duty,  may 
desire  to  adjourn ;  hence  the  motion  to  adjourn  is  a 
privileged  one.  They  may  be  willing  longer  to  enter 
tain  a  proposition,  but  not  at  the  present  time  ;  thence 
arises  the  necessity  of  a  motion  to  lie  on  the  table. 
They  may  deem  it  expedient  to  suppress  further  de 
bate  on  a  subject ;  for  which  purpose  recourse  is  had 

4 


74  KULES   OF   ORDEK. 

to  what  is  called  the  previous  question.  They  may 
want  time  for  reflection,  or  to  gather  information ; 
this  creates  the  occasion  for  a  motion  to  postpone  to  a 
certain  day.  They  may  wish  to  have  the  proposition 
modified  or  altered,  or  the  subject  investigated,  to  an 
extent  or  in  a  manner  incompatible  with  the  formali 
ties  proper  to  the  proceedings  of  the  full  assembly ; 
thence  comes  the  need  of  a  motion  to  commit,  that  is, 
to  refer  the  matter  to  a  committee.  They  may  be  fa 
vorable  to  a  proposition  in  the  main,  but  dissatisfied 
with  certain  particulars,  capable  of  easy  alteration  in 
the  assembly ;  that  gives  rise  to  a  motion  to  amend. 
They  may  be  anxious  to  get  rid  of  a  proposition  alto 
gether,  and  yet  not  to  do  so  in  a  rude  or  indelicate 
manner  ;  that  is  accomplished  by  the  use  of  a  motion 
to  postpone  indefinitely.  They  may  have  previously 
ordered,  or  appointed  certain  business  for  certain  times, 
and  the  hour  having  arrVed  for  such  business,  there 
may  be  need  of  a  motion  to  proceed  to  the  orders  of  the 
day.  They-  may  have  already  decided  a  question,  and, 
upon  further  reflection,  concluded  to  retrace  their  steps, 
and  bring  the  matter  again  under  deliberation ;  in 
which  event,  there  is  need  of  a  motion  to  reconsider. 

But  there  are  other  motions  still,  which  circum 
stances  require  to  take  precedence  over  a  question  al 
ready  before  the  assembly.  These  are  such  as  arise 
incidentally,  and,  being  incidental  to  motions  of  every 
kind,  they  are  allowed,  for  the  time  being,  to  supersede 
the  proposition  under  discussion,  whether  it  be  a  priv 
ileged  one  or  not.  The  incidental  questions  are  such 
as  respect  the  privilege  of  the  members  of  the  assem 
bly,  or  of  the  whole  assembly  taken  collectively  ;  such 


PRIVILEGED   QUESTIONS.  75 

as  have  regard  to  questions  of  order,  to  the  reading  of 
papers  relating  to  the  matter  under  debate,  to  the  with 
drawal  of  motions,  to  the  suspension  of  rules,  and  the 
amendment  of  amendments. 

The  following  is  a  list  of  all  the  above-mentioned 
questions,  or  motions,  being  here  included  under  the 
general  head  of 

PRIVILEGED  QUESTIONS.* 

1.  Motions  to  adjourn. 

2.  Motions  to  lie  on  the  table. 

3.  Motions  for  the  previous  question. 

4.  Motions  to  postpone  to  a  day  certain. 

5.  Motions  to  commit. 

6.  Motions  to  amend. 

7.  Motions  to  postpone  indefinitely. 

8.  Motions  for  the  orders  of  the  day. 

9.  Motions  concerning  questions  of  privilege. 

10.  Motions  concerning  questions  of  order. 

11.  Motions  for  the  reading  of  papers. 

12.  Motions  for  the  withdrawal  of  motions. 

13.  Motions  for  the  suspension  of  rules. 

14.  Motions  to  reconsider. 

*  The  questions  included  in  the  list  above,  excepting  the  last, 
are  divided  by  Mr.  Gushing  into  three  classes,  and  arranged  thus  : 

PRIVILEGED  QUESTIONS: — Adjournment,  Questions  of  Privilege  and 
Orders  of  the  Day. 

INCIDENTAL  QUESTIONS: — Questions  of  Order,  Reading  of  Papers, 
Withdrawal  of  a  Motion,  Suspension  of  a  Rule  and  Amendment  of 
Amendments. 

SUBSIDIARY  QUESTIONS  : — Lie  on  the  Table,  Previous  Question,  Post 
ponement,  Commitment  and  Amendment. 


76  RULES  OF  ORDER. 

80.  Have  these  privileged  questions  any  privilege  among 
themselves  f 

The  questions  which  thus  have  a  right  to  take  pre 
cedence  of  the  main,  or  principal  question,  have,  also, 
a  certain  order  of  precedence  among  themselves.  In 
some  deliberative  bodies,  that  order  is  settled  by  a  for 
mal  rule.  Thus,  in  the  llth  Eule  of  the  United  States 
Senate,  we  read : 

"  When  a  question  is  under  debate,  no  motion  shall 
be  received  but  to  adjourn,  to  lie  on  the  table,  to  postpone 
indefinitely,  to  postpone  to  a  day  certain,  to  commit,  or  to 
amend  ;  which  several  motions  shall  have  precedence 
in  the  order  they  stand  arranged,  and  the  motion  for 
adjournment  shall  always  be  in  order,  and  be  decided 
without  debate." 

The  order  prescribed  in  the  46th  Eule  of  the  House 
of  Representatives,  is  the  following  : 

"  When  a  question  is  under  debate,  no  motion  shall 
be  received,  but  to  adjourn,  to  lie  on  the  table,  for  the  pre 
vious  question,  to  postpone  to  a  day  certain,  to  commit  or 
amend,  to  postpone  indefinitely  /  which  several  motions 
shall  have  precedence  in  the  order  in  which  they  are 
arranged ;  and  no  motion  to  postpone  to  a  day  certain, 
to  commit,  or  to  postpone  indefinitely,  being  decided, 
shall  be  again  allowed  on  the  same  day,  and  at  the 
same  stage  of  the  bill  or  proposition.  A  motion  to 
strike  out  the  enacting  words  of  a  bill  shall  have  pre 
cedence  of  a  motion  to  amend,  and,  if  carried,  shall  be 
considered  equivalent  to  its  rejection." 


THE  MOTION  TO  ADJOURN.  77 


THE  MOTION  TO  ADJOURN. 

81.  When  is  a  motion  to  adjourn  in  order  ? 

A  motion  to  adjourn,  as  stated  in  the  Senate  Rule, 
is  always  in  order,  and,  therefore,  takes  precedence  of 
all  others.*  It  must,  moreover,  be  put  without  debate. 

82.  Why  should  a  motion  to  adjourn  have  precedence  of 
all  others  f 

Because  otherwise  the  body  might  be  kept  in  session 
against  its  will,  and  that  for  an  indefinite  period  of  time. 

83.  Must  the  motion  to  adjourn,  then,  ~be  always  enter 
tained  without  respect  to  time  or  circumstances  ? 

In  a  general  sense,  a  motion  to  adjourn  may  be,  and 
usually  is,  said  to  be  always  in  order.  But  this  must 
be  taken  with  some  limitations.  -Thus,  it  cannot  be  re 
ceived  while  a  member  is  speaking,  unless  he  consents 
to  give  way  for  that  purpose ;  it  cannot  be  entertained 
while  a  vote,  or  the  process  of  calling  the  yeas  and  nays, 
is  in  progress ;  it  cannot,  after  being  once  negatived,  be 
renewed  previous  to  the  intervention  of  some  other  busi 
ness;  and,  lastly,  it  must  be  a  motion  to  adjourn  sim 
ply,  without  specification  of  any  kind ;  that  is,  merely 
that  the  assembly  "  do  now  adjourn ."f 

*  By  the  48th  Rule  of  the  United  States  House  of  Representa 
tives,  not  only  a  motion  to  adjourn,  but  also  a  motion  to  fix  the  day 
to  which  the  House  will  adjourn,  is  declared  to  be  always  in  order. 

Under  this  Rule,  also,  a  motion  to  fix  the  day,  to  which  the  House 
shall  adjourn,  is  made  to  take  precedence  of  a  simple  motion  to  adjourn. 

f  See,  however,  the  48th  Rule  of  the  United  States  House  of  Rep 
resentatives,  referred  to  in  the  preceding  note. 


78  EULES   OF   ORDER. 

84.  Is  a  motion  to  adjourn  susceptible  of  amendment  ? 
A  motion  to  adjourn  cannot  be  amended ;  for  the 

amendment  itself  would  introduce   new  business  not 
entitled  to  take  precedence  of  the  main  question. 

If,  however,  a  motion  to  adjourn  is  offered,  when  no 
other  proposition  is  before  the  assembly,  it  may  be 
amended  like  any  other  motion. 

85.  If  the  motion  to  adjourn  must  be  made  without 
specification  of  time,  how  is  the  assembly  to  be  governed, 
as  to  the  time  of  the  next  meeting  ? 

When  a  motion  simply  to  adjourn  is  decided  in  the 
affirmative,  the  body  is  thereby  adjourned  to  the  next 
regular  time  of  sitting ;  or  to  such  time,  if  any,  as  has 
been  appointed  by  previous  resolution. 

86.  What  difference,  if  any,  is  there  between  a  motion 
simply  to  adjourn,  and  a  motion  to  adjourn  sine  die  f 

Sine  die  means  without  day ;  that  is,  without  a  day 
appointed  for  another  meeting.  In  reality,  therefore, 
a  motion  simply  to  adjourn,  and  a  motion  to  adjourn 
sine  die,  are  things  identical.  But  the  form  to  adjourn 
sine  die  is  mainly  employed  in  relation  to  bodies,  where 
of  no  re-assembling  is  contemplated ;  in  which  case,  of 
course,  to  adjourn  sine  die  is  the  same  as  to  dissolve  the 
assembly  altogether. 

87.  What  formality,  if  any,  on  the  part  of  the  presid 
ing  officer,  is  necessary  to  give  efficacy  to  a  motion  to  ad 
journ  ? 

Though  a  resolution  to  adjourn  has  been  duly  passed, 


THE   MOTION  TO   LIE   ON  THE  TABLE.  79 

there  is,  nevertheless,  properly  no  adjournment,  until 
the  President  has  officially  announced  the  same  from 
the  chair. 

88.  What  becomes  of  a  proposition  which  has  been  ar 
rested,  while  under  debate,  by  a  vote  for  adjournment  ? 

When  a  proposition  has  been  interrupted  in  its 
course  by  a  motion  to  adjourn,  it  is  thereby  removed 
from  the  body,  and,  if  again  brought  up,  must  be  in 
troduced  in  the  usual  way. 


THE  MOTION  TO  LIE  ON  THE  TABLE. 

89.  When  is  a  motion  to  lie  on  the  table  employed  ? 

It  sometimes  happens  while  one  matter  is  under  de 
liberation,  another  claims  the  immediate  attention  of 
the  assembly ;  or  for  some  other  reason,  it  is  deemed  ex 
pedient,  for  the  time  being,  to  discontinue  the  discussion 
of  a  pending  proposition,  with  a  view  to  take  up  the 
subject  at  a  more  convenient  season.  In  such  case  a 
motion  is  made  to  lay  the  subject  on  the  table,  that  is, 
to  lay  it  aside,  till  it  is  the  pleasure  of  the  body  to  re 
sume  the  consideration  of  it. 

90.  What  rank  does  it  hold  among  privileged  questions  f 
A  motion  to  lie  on  the  table  usually  takes  precedence 

of  all  motions,  except  the  motion  to  adjourn,  a  question 
of  privilege,  and  a  motion  for  the  orders  of  the  day.* 

*  In  Congress  the  motion  to  lie  on  the  table  supersedes  all  mo 
tions,  except  a  motion  to  adjourn.  See  Rules  of  the  Senate  and 
House,  page  76. 


80  RULES  OF   ORDER. 

91.  Is  the  motion  to  lie  on  the  table  debatable  ? 

The  motion  to  lie  on  the  table  can  neither  be  deba 
ted  nor  amended.  It  is,  therefore,  often  employed  to 
get  rid  of  a  question  altogether. 

92.  What  is  the  effect  of  this  motion,  if  decided  affirm 
atively  ? 

The  effect  of  a  motion  to  lie  on  the  table,  if  decided 
in  the  affirmative,  is  to  withdraw  from  the  assembly 
the  main  question,  together  with  all  other  secondary, 
or  incidental  questions  relating  thereto,  until,  by  mo 
tion  duly  made  and  passed,  it  be  the  pleasure  of  the 
body  to  resume  the  consideration  thereof. 

93.  What  if  it  be  decided  negatively  f 

A  motion  to  lie  on  the  table,  when  decided  by  a 
negative  vote,  leaves  the  pending  question  wholly  un 
touched,  and  its  discussion  ie,  therefore,  immediately 
resumed,  and  continued  just  as  though  no  interrup 
tion  had  taken  place. 

THE  PREVIOUS  QUESTION. 

94.  What  is  the  previous  question  ? 

Whenever  it  is  thought  desirable  suddenly  to  arrest 
discussion,  and  test  immediately  the  sense  of  an  assem 
bly,  in  respect  to  a  subject  under  debate,  there  is  a  mo 
tion,  or  question  expressly  for  this  purpose,  which  is 
denominated  "  THE  PREVIOUS  QUESTION." 

95.  What  was  the  origin  and  design  of  this  motion  ? 
This  motion  was  introduced,  in  1604,  by  Sir  Harry 


THE   PREVIOUS  QUESTION.  81 

Vane,  in  the  British  House  of  Commons,  and  was  de 
signed  to  suppress  motions  which,  if  publicly  discussed, 
might  bring  censure  upon  the  government,  or  upon  in 
dividuals  occupying  high  official  station. 

( 
96.    What  was  its  form  and  effect? 

The  original  form  of  the  previous  question  was, — - 
u  Shall  the  main  question  be  put?"  This  was  simply 
asking  whether,  after  the  debate  was  over,  however 
long  or  earnest  it  might  be,  the  main  question  should 
ultimately  be  put  to  the  vote.  If  decided  in  the  af 
firmative,  of  course,  the  discussion  might  be  resumed, 
and  continued,  till  the  subject  was  regularly  and  final 
ly  disposed  of. 

In  the  event  of  a  negative  decision,  however,  which 
was  precisely  the  object  sought  by  the  mover,  all  dis 
cussion  of  the  main  question  was  at  an  end,  and  more 
than  that,  the  whole  subject  was  taken  from  before  the 
House  for  the  remainder  of  the  session.  This  was  a 
natural  result ;  for  what  would  be  the  use  of  continu 
ing  to  discuss  a  question  which  the  House  had  already 
determined,  should  not  (after  all)  be  put  to  the  vote  ? 

When  afterwards  the  form  of  the  previous  question 
was  changed  to  that  which  it  now  has,  which  is. 
"  Shall  the  main  question  be  now  put  ?"  an  affirmative 
decision  entirely  precluded  all  further  debate  on  the 
main,  or  principal  question,  and  brought  the  subject 
immediately  to  the  test  of  a  vote ;  while  a  negative  de 
cision,  though  operating  still  in  the  suppression  of  de 
bate,  did  not  necessarily  remove  the  main  question 
from  before  the  House  for  the  whole  session,  but  for 
the  rest  of  the  day  only ;  so  that  it  might  be  renewed, 

4* 


82  RULES   OP   ORDER. 

if  thought  desirable,  on  the  next,  or  on.  some  succeed 
ing  day.  This  is  the  present  operation  of  the  previous 
question  in  the  British  Parliament. 

In  this  country,  an  affirmative  decision  of  the  pre 
vious  question  has  the  same  effect  precisely,  as  it  has  in 
England,  that  is,  it  brings  the  main  question,  without 
further  delay  or  debate,  directly  to  a  vote.  And  in  such 
case,  the  pending  amendments,  if  any,  are  first,  in  their 
order,  put  to  vote,  and  then,  of  course,  forthwith  the 
main  question.*  But  a  negative  decision  of  it  operates 
differently ;  for  that  assumes,  that,  if  the  main  question 
is  not  now  to  be  put,  (which  is  what  a  negative  de 
cision  declares,)  then  that  question  is  still  subject  to 
debate,  just  as  it  would  have  been,  had  the  previous 
question  never  been  demanded  or  applied. 

97.  Is  this  the  effect  of  a  negative  decision  in  all  delib 
erative  bodies  f 

In  the  House  of  Eepresentatives  of  the  United  States^ 
its  effect  is  to  suppress  the  main  question  for  the  rest 
of  the  day  only,  just  as  in  the  British  Parliament.  In 
the  House  of  Kepresentatives  of  Massachusetts,  and  in 
the  House  of  Assembly  of  New  York,  the  effect  of  a 
negative  decision  of  the  previous  question  is  to  leave 
the  main  question  with  all  pending  amendments  just 
where  it  was ;  that  is,  under  debate,  till  disposed  of  in 

*  Formerly  in  the  House  of  Representatives,  the  previous  ques 
tion,  if  decided  in  the  affirmative,  brought  the  House  immediately 
to  a  vote  on  the  main  question,  to  the  exclusion  of  all  amendments 
and  incidental  motions.  This  was  changed  (Jan,  14,  1840,)  and  the 
present  order,  namely,  that  indicated  in  the  text  above,  was  estab 
lished. 


THE  PREVIOUS  QUESTION.  83 

the  usual  way.  And,  in  all  deliberative  assemblies  in 
this  country,  it  is  usually  taken  for  granted,  unless 
otherwise  ordered  by  a  special  rule,  that  a  negative  de 
cision  of  the  previous  question  leaves  the  main  ques 
tion  and  all  amendments  thereto,  under  deliberation 
just  as  it  found  them. 

98.  Why  is   this  motion  sometimes  called  the   "gag- 
law'"  f 

Since  the  effect  of  an  affirmative  decision  of  the  pre 
vious  question  is  to  preclude  all  further  debate,  and 
bring  the  main  question  directly  to  a  vote,  it  is  in  this 
country  employed  almost  exclusively  for  the  purpose 
of  arresting  unprofitable  discussion,  and  so  hastening 
a  decision. 

It  is  easy,  however,  to  make  an  abusive  application 
of  the  previous  question,  by  rendering  it  subservient 
to  the  purpose  of  cutting  off  the  most  wholesome  and 
necessary  discussions,  and  so  compelling  members  to 
be  silent,  who  ought  for  the  sake  of  truth  and  justice 
to  be  heard.  Hence  Mr.  Jefferson  has  said :  "  There 
fore,  it  ought  not  to  be  favored,  but  restricted  within  as 
narrow  limits  as  possible."  This  unjust  use  of  the 
previous  question  is  what  has  often  secured  to  it  the 
appellation  of  the  "gag-law" 

99.  Can  a  motion  so  important  as  this,  and  so  liable 
to  be  abused,  be  entertained  upon  its  being  offered  by  one 
member  only,  and  seconded  by  another,  as  is  the  case  with 
most  other  questions  ? 

In  the  British  Parliament  any  member  may  move 
the  previous  question,  and,  if  seconded  by  another,  it 


84:  RULES   OF  ORDER. 

is  thereby  put  into  requisition.     This  is  done  also,  in 
many  assemblies  in  this  country. 

In  the  House  of  Kepresentatives,  however,  it  can 
only  be  admitted,  when  demanded  by  a  majority  of 
the  members  present.*  When  first  recognized  by  the 
House,  (April  7th,  1789)  it  could  be  introduced  by  a 
call  from  five  members.  It  was  afterwards  (Dec.  23d, 
1811)  resolved,  as  in  the  case  of  a  call  for  the  yeas  and 
nays,  that  one-fifth  of  the  members  present,  should  be 
necessary  to  a  call  for  the  previous  question.  This 
continued  to  be  the  "Eule  till  February  24th,  1840. 
At  that  time  a  change  was  made,  by  which,  as  stated 
above,  the  previous  question  can  be  admitted,  only 
when  demanded  by  a  majority  of  the  members  pres- 
ent.f 

100.  How  does  the  previous  question  rank  among  priv 
ileged  questions  f 

The  previous  question  has  the  same  rank  as  the  mo 
tion  to  postpone,  the  motion  to  commit,  and  the  motion 
to  amend.  It  cannot,  therefore,  if  first  put,  be  super 
seded  by  any  one  of  these. 

It  yields  the  precedence,  however,  to  a  motion  to 
adjourn,  to  lie  on  the  table,  to  a  motion  respecting  the 
rights  and  privileges  of  the  members,  or  of  the  assem 
bly  at  large,  or  to  a  motion  for  the  orders  of  the  day. 

*  That  the  use  of  the  previous  question  ought  to  be  under  some 
limitation  greater  than  that  which  is  customary  in  the  case  of  other 
motions,  seems  very  obvious.  In  all  deliberative  bodies,  therefore, 
the  number,  at  whose  call  it  may  be  admitted,  ought  to  be  fixed  by 
a  special  rule. 

f  See  Rules  of  Order  for  the  House  of  Representatives,  ISTo.  60. 


THE   MOTION   TO   POSTPONE.  85 

101.  Is  a  motion  for  the  previous  question  debatable? 

No  debate  is  allowable  on  a  motion  for  the  previous 
question.  Neither  is  it  susceptible  of  amendment. 
All  questions  of  order,  moreover,  arising  incidentally 
thereon,  must  be  decided  without  discussion,  whether 
appeal  be  had  from  the  chair  or  not. 


THE  MOTION  TO  POSTPONE. 

102.  What  is  the  object  of  a  motion  to  postpone  f 

The  object  of  a  motion  to  postpone  is,  either  to  defer 
the  consideration  of  a  pending  proposition  till  a  more 
convenient  season,  or  to  get  rid  of  it  altogether  without 
coming  directly  to  a  vote  upon  it.  The  motion  to  post 
pone,  therefore,  is,  according  to  the  aim  of  the  mover, 
either  for  a  specified  time,  or  for  a  period  indefinite. 

103.  What  rank  among  privileged  questions  does  a  mo 
tion  to  postpone  hold  f 

The  motion  to  postpone  holds  the  same  rank  with 
the  previous  question,  the  motion  to  commit,  and  the 
motion  to  amend,  and  cannot  by  any  of  these  be  super 
seded.  If,  however,  the  motion  to  postpone  be  put, 
and  lost,  the  pending  proposition  is  nevertheless  sub 
ject  to  the  application  of  the  co-ordinate  motions; 
that  is,  the  previous  question,  the  motion  to  commit, 
and  the  motion  to  amend. 

104.  What  becomes  of  a  proposition  which  has  been  in 
terrupted  by  the  passage  of  a  motion  to  postpone  ? 

A  proposition  thus  interrupted  by  the  motion  to 


86  RULES  OF   ORDER. 

postpone  is  thereby  removed  from  before  the  assembly, 
together  with  all  matters  pertaining  to  it. 

105.  Can  a  motion  to  postpone  be  amended  ? 

If  a  motion  is  offered  to  postpone  to  a  day  certain, 
that  is,  to  a  specified  time,  it  may  be  amended  by  sub 
stituting  a  different  time.  The  time,  in  such  case,  how 
ever,  may  be  regarded  as  a  blank,  to  be  filled  in  the 
manner  described  on  page  98  following. 

106.  What  is  the  aim  of  a  motion  for  indefinite  post 
ponement  ? 

The  aim  of  a  motion  to  postpone  indefinitely,  is  to 
get  rid  of  a  proposition  altogether  without  coming  di 
rectly  to  a  vote  upon  it ;  for,  when  decided  affirmative 
ly,  the  effect  is  to  quash  the  proposition  entirely. 

107.  Can  a  motion  to  postpone  indefinitely  be  debated, 
or  amended  ? 

A.  motion  for  the  indefinite  postponement  of  a  sub 
ject  is  generally  held  to  be  incapable,  either  of  debate, 
or  amendment.* 

108.  What  is  the  effect  upon  the  pending  proposition,  if 
a  motion  to  postpone  is  decided  in  the  negative  ? 

A  negative  decision  of  a  motion  to  postpone  has  no 

*  Gushing  (Manual,  page  96)  however,  says, — "If  a  motion  is  made 
for  an  indefinite  postponement,  it  may  be  moved  to  amend  the  mo 
tion,  by  making  it  to  a  day  certain.  If  any  other  day  is  desired,  it 
may  be  moved  as  an  amendment  to  the  amendment ;  or  it  may  be 
moved  as  an  independent  motion,  when  the  amendment  has  been 
rejected." 


THE  MOTION  TO   COMMIT.  87 

effect  whatever  upon  the  pending  proposition ;  which 
is  then  to  be  treated  in  all  respects  as  if  no  such  mo 
tion  had  been  made. 


THE  MOTION  TO  COMMIT. 

109.  When  is  a  motion  to  commit  employed  ? 

When  the  matter  of  a  proposition  is  such,  in  general, 
as  the  assembly  can  approve,  while  the  form,  in  which 
it  comes,  is  so  objectionable,  that  it  would  be  incon 
venient  to  give  it  the  required  shape  in  the  assembly 
itself,  it  is  usual  to  refer  the  subject  to  a  committee. 

If  there  be  a  standing  committee  within  whose  prov 
ince  the  subject  would  properly  fall,  the  matter  goes 
properly  to  that  committee ;  if  not,  a  select  committee 
is  raised  for  that  purpose. 

110.  In  the  event  of  there  being  such  a  standing  com 
mittee^  must  the  matter  be  referred  to  that  committee  F 

The  assembly  may,  if  for  any  reason  it  be  thought 
best,  raise  a  select  committee  for  any  given  subject, 
though  there  be,  already  existing,  a  standing  com 
mittee,  to  whom  the  subject  should  otherwise  be  re 
ferred. 

But,  if  it  be  doubtful  whether  a  particular  standing 
committee  is  the  one  that  ought  to  have  charge  of  the 
matter,  and  some  members  are  found  proposing  a  ref 
erence  to  the  standing,  while  others  prefer  to  give  the 
subject  to  a  select  committee,  the  motion  to  refer  to  the 
standing  committee  should  be  first  submitted  to  a  vote 
of  the  assembly. 


88  KTTLES  OF  ORDER. 

111.  Is  a  motion  to  commit  subject  to  amendment  f 

A  motion  to  commit  may  be  amended  variously.  It 
may  be  amended  by  substituting  one  committee,  or 
kind  of  committee  for  another ;  by  increasing,  or  less 
ening  the  number  of  members  proposed ;  or  by  adding 
directions,  or  instructions  in  regard  to  the  subject  com 
mitted. 

112.  What  is  the  rank  of  a  motion  to  commit  among 
privileged  questions  ? 

The  motion  to  commit  is  in  the  same  rank  as  the 
previous  question  and  the  motion  to  postpone,  and  can 
not,  therefore,  be  superseded  by  either  of  them. 

It,  however,  has  the  precedence  over  a  motion  to 
amend. 

113.  What  is  the  effect  of  an  affirmative  decision  of  a 
motion  to  commit  f 

An  affirmative  decision  of  a  motion  to  commit  takes 
the  subject  of  course  from  before  the  assembly ;  if  de 
cided  negatively,  however,  the  subject  remains  before 
the  assembly,  and  may  then,  if  desirable,  be  subjected 
to  the  operation  of  the  previous  question,  the  motion 
to  postpone,  or  to  amend. 

MOTIONS  TO  AMEND. 

114.  What  is  a  motion  to  amend  f 

When  a  proposition  is  in  substance  agreeable  to  the 
wishes  of  an  assembly,  but  in  form,  or  in  some  of  its 
details  objectionable,  it  is  customary,  by  motions  to 


MOTIONS  TO  AMEND.  89 

that  effect,  to  correct,  curtail,  enlarge,  or  otherwise 
modify  it  according  to  the  will  of  the  body.  Motions 
for  this  purpose  are  called  motions  to  amend. 

115.  Is  it  wiikin  the  province  of  a  deliberative  lody  thus 
to  alter  the  character  of  a  proposition  submitted  for  their 
decision  ? 

The  primary  and  legitimate  use  of  a  motion  to 
amend,  as  the  term  implies,  is  so  to  correct,  or  improve 
the  form,  or  statement  of  a  proposition,  as  to  aid  it  in 
reaching  the  object  which  it  aims  to  accomplish.  A 
motion  to  amend,  therefore,  is  properly  an  act  friendly 
to  the  proposition  to  be  amended. 

But  a  proposition  once  moved,  seconded,  and  stated 
from  the  chair,  is  then  the  property  of  the  assembly, 
and  there  is  nothing  to  hinder  the  introduction  of  mo 
tions  to  alter  it  in  any  way  whatever. 

It  is,  therefore,  perfectly  competent  for  the  assembly 
whenever  they  think  proper,  either  so  to  amend  a 
proposition,  as  to  make  it  more  truly  answerable  to  its 
object,  or  altogether  to  turn  it  away  from  its  original 
purpose,  and  render  it  subservient  to  objects  entirely 
different  and  adverse.  Accordingly,  a  proposition  is 
not  unfrequently  so  altered  by  what  are  called  motions 
to  amend,  that  its  original  friends  and  movers  are  com 
pelled  finally  to  vote  against  it  in  its  amended  shape. 
Thus,  motions  to  amend  are  sometimes  made  to  work 
the  defeat  of  a  proposition,  and  are,  in  fact,  often  em 
ployed  for  this  express  purpose. 

So  entire  is  the  change  often  effected  under  color  of 
amendment,  that,  where  no  special  rule  exists  to  the 
contrary,  matters  utterly  incompatible  with  the  propo- 


90  RULES   OF   ORDER. 

sition  under  consideration,  are  engrossed  upon  it,  and, 
in  some  cases,  everything  of  the  original  motion,  after 
the  initiatory  words,  u  Resolved  that"  is  struck  out,  and 
a  proposition  entirely  different  added. 

116.  May  an  assembly  then  fix,  l>y  special  rule,  the 
limits  within  which  an  amendment  shall  be  allowed  to 
operate  ? 

In  order  to  prevent  the  improper  use  of  motions  to 
amend,  some  deliberative  bodies  have  established  rules 
on  the  subject.  Thus,  the  rule  in  the  United  States 
House  of  Kepresentatives  is,  that  "  no  motion,  or  prop 
osition  on  a  subject  different  from  that  under  consid 
eration  shall  be  admitted  under  color  of  an  amend 
ment.  No  bill,  or  resolution  shall  at  any  time  be 
amended  by  annexing  thereto,  or  incorporating  there 
with,  any  other  bill  or  resolution  pending  before  the 
House.* 

This,  or  some  similar  restriction,  seems  highly  need 
ful,  and  ought  everywhere  to  be  adopted  as  a  rule. 

117.  In  what  way  are  amendments  usually  made,  ? 
Amendments,  whether  applied  to  original  motions, 

or  to  other  amendments,  are  usually  effected  in  one  of 
these  three  ways  :  (1)  by  the  insertion  or  addition  of 
words  or  sentences ;  (2)  by  the  removal  or  striking  out 
of  words  and  sentences  ;  or  (3)  by  the  striking  out  of 
some  words  or  sentences,  and  the  insertion  of  others 
in  their  stead. 


324 


See  Jefferson's  Manual,  page  145 ;  also,  Cushing's  Manual,  page 


MOTIONS  TO  AMEND.  91 

118.  What  is  the  proper  order  of  proceeding  in  making 
amendments  in  these  several  ways  ? 

When  a  proposition  consists  of  several  parts,  para 
graphs,  or  sections,  or  is  expressed  in  a  series  of  resolu 
tions,  the  proper  order  of  proceeding  is  to  begin  with 
the  first,  and  amend,  if  necessary,  each  of  the  parts, 
paragraphs,  sections,  or  resolutions  in  order. 

119.  Is  it  in  order  to  make  amendments  to  amendments, 
and,  if  so,  to  what  extent  can  this  process  be  carried? 

It  is  quite  in  order  to  amend  an  amendment ;  but 
here  the  process  must  terminate,  an  amendment  of  an 
amendment  to  an  amendment  being  wholly  inadmiss 
ible. 

120.  Wliy  is  such  an  amendment  not  allowed? 
Were  amendments  heaped  upon  amendments  in  this 

way,  the  result  would  be  not  a  facilitating  of  the  busi 
ness  of  the  assembly,  but  a  very  serious  embarrass 
ment.  Hence,  by  a  well  settled  usage,  the  process  of 
amending  is  forbidden  to  go  beyond  an  amendment  to 
an  amendment. 

121.  But  suppose  the  object  sought  in  a  motion  to  amend 
an  amendment  to  an  amendment,  be  a  desirable  one,  how, 
since  such  a  motion  is  inadmissible,  can  that  object  be 
reached  by  the  assembly  ? 

Whenever  an  amendment  to  an  amendment  seems 
itself  to  require  amendment,  since  this  is  not  allowed 
to  be  done  by  a  regular  motion  to  that  effect,  the  ob 
ject  desired  can,  nevertheless,  be  easily  obtained,  by 


92  EULES  OF  ORDEK. 

first  rejecting  the  amendment  to  the  amendment,  and 
then,  after  amending  it  in  the  manner  required,  offer 
ing  it  again  in  its  altered  form  as  an  amendment  to  the 
first  amendment,  which  is,  of  course,  entirely  in  order.* 

122.  Is  it  in  order  to  alter,  or  amend  what  has  already 
been  agreed  to  by  the  assembly  f 

If  the  assembly  has  already,  by  vote,  agreed,  either 
to  receive,  or  to  reject  a  proposed  amendment,  that 
which  has  thus  been  agreed  to,  cannot  be  altered,  or 
amended.  Thus,  if  it  has  been  voted  to  receive  as  an 
amendment  a  given  clause,  or  paragraph,  it  is  not  in 
order  thereafter  to  amend  this  amendment ;  and,  if  it 
has  been  agreed  in  the  like  manner,  not  to  strike  out 
certain  words,  those  words  cannot  afterwards  be  amend 
ed  :  the  vote  not  to  strike  out  being  in  effect  a  vote  to 
retain  them,  as  they  stand. 

Neither  can  that  which  has  once  been  disapproved 
by  a  vote  of  the  body,  be  again  moved  in  that  form 
as  an  amendment. 

123.  Is  there,  then,  no  way  of  removing,  or  inserting, 
as  the  case  may  be,  words  or  paragraphs  which   it  has 
once  been  decided  by  vote  to  retain,  or  reject  ? 

If  an  amendment  which  proposes  to  strike  out  apar- 

*  "Thus,"  says  Gushing,  in  illustration  of  this,  "if  a  proposition 
consist  of  A  B,  and  it  is  proposed  to  amend  by  inserting  C  D,  it  may 
be  moved  to  amend  the  amendment  by  inserting  EF;  but  it  cannot 
be  moved  to  amend  this  amendment,  as  for  example,  by  inserting  G. 
The  only  mode  by  which  this  can  be  reached,  is  to  reject  the  amend 
ment  in  the  form  in  which  it  is  presented,  namely,  to  insert  E  F,  and 
to  move  it  in  the  form  in  which  it  is  desired  to  be  amended,  namely, 
to  insert  E  G  F." 


MOTIONS  TO  AMEND.  93 

ticular  clause,  or  paragraph  is  once  rejected,  a  motion 
simply  to  strike  out  the  same  words,  or  part  of  them, 
is  not  in  order ;  but  a  motion  to  strike  out  the  same 
words,  or  a  part  of  them,  in  connection  with  other  words 
is  in  order;  "provided  always,  the  coherence  to  be 
struck  out  be  so  substantial,  as  to  make  this  effectually 
a  different  proposition."* 

If,  on  the  other  hand,  an  amendment  which  proposes 
to  strike  out,  be  agreed  to,  it  is  not  allowable  to  move 
to  insert  the  same  words,  or  part  of  them ;  but  it  is 
quite  in  order  to  move  to  insert  the  same,  or  part  of  the 
same  words  in  connection  with  others ;  provided,  as 
before,  the  coherence  to  be  inserted  form,  in  effect,  a 
different  proposition. 

124.  When  it  is  proposed  to  amend  by  striking  out  cer 
tain  words,  and  inserting  others  in  their  stead,  would  it 
be  in  order  to  move  for  the  striking  out  and  the  insertion 
separately  f 

The  motion  to  strike  out  one  thing,  and  insert  another 
in  its  place,  is  in  reality  a,  double  motion.  It  may, 
therefore,  at  the  pleasure  of  the  assembly,  or  even  at 
the  call  of  a  single  member,  be  divided.  In  that  case 
the  question  is  first  taken  on  the  striking  out,  and  (that 
being  decided  in  the  affirmative)  it  is  then  taken  on 
the  insertion.  In  the  event  of  a  negative  decision  of 
the  motion  to  strike  out,  the  motion  to  insert  does  not 
of  course  follow. 

125.  When  the  motion  to  amend  by  striking  out  one 
thing,  and  inserting  another  in  its  place,  is  once  put  and 

*  Jefferson's  Manual,  sec.  85. 


94  RULES  OF  ORDER. 

lost  in  the  undivided,  or  double  form,  can  the  same  motion 
be  renewed  ? 

No  motion  to  amend,  whether  to  strike  out,  to  insert, 
or  to  strike  out  and  insert,  when  once  lost,  can  again 
be  moved  in  the  same  form.* 

126.  Is  it  in  order  to  propose  an  amendment  which  is 
inconsistent  with  an  amendment  already  adopted  f 

An  amendment  which  is  in  conflict  with  one  al 
ready  accepted,  is  certainly  out  of  order,  and  ought  at 
once  to  be  rejected. 

127.  Is  it  not  the  duty  of  the  presiding  officer  in  such 
case  to  reject,  or  suppress,  such  an  amendment,  if  proposed  ? 

Though  an  amendment  that  is  incompatible  with 
one  already  approved  by  the  assembly,  offers,  by  that 
very  circumstance,  a  fit  ground  for  its  rejection  by  the 
assembly,  it  is  not  competent  for  the  presiding  officer 
to  suppress  it,  as  being  contrary  to  order ;  for,  were  he 
allowed  to  bring  questions  of  consistency  like  this 
within  the  circle  of  the  rules  of  order,  he  might  often 
usurp  a  negative  on  important  modifications,  and  defeat 
instead  of  subserving  the  will  of  the  assembly. 

128.  What  is  the  proper  mode  of  stating  a  motion  to 
amend  f 

The  proper  mode  of  stating  a  proposition  to  amend, 
is  first  to  read  the  whole  passage  to  be  amended, — then 
the  words  proposed  to  be  struck  out,  or  the  words  pro- 

*  See  answers  to  questions  122  and  123. 


MOTIONS  TO  AMEND.  95 

posed  to  be  inserted,  or  the  words  proposed  to  be 
struck  out  and  those  offered  as  a  substitute,  as  the  case 
may  be? — and,  last  of  all,  the  whole  passage  as  it  will 
stand  when  amended. 

129.  In  what  particular  order,  if  any,  must  amend 
ments  be  put  to  the  vote  ? 

An  amendment  must,  of  course,  come  to  the  vote  be 
fore  the  main  question,  and,  in  like  manner,  an  amend 
ment  to  an  amendment  must  take  the  precedence. 
But,  in  the  event  of  there  being  several  proposed 
amendments  to  an  amendment,  they  should  be  put  to 
the  vote  in  the  order  in  which  they  are  moved ;  not 
however,  because  of  any  established  order  of  prec 
edence,  but  in  view  of  the  fitness,  or  propriety  of  the 
thing. 

130.  What  is  the  proper  form  of  the  question  on  a  mo 
tion  to  strike  out  ? 

The  form  in  Parliament  always  is, — shall  the  words 
proposed  to  be  struck  out  stand  as  part  of  the  princi 
pal  question :  the  question  being  not,  Shall  they  be  struck 
out,  but  Shall  they  stand  ? 

But  in  this  country,  the  form  of  the  question  always 
is, — Shall  the  words  be  stricken  out  fk 

131.  What  rank  among  privileged  questions  is  held  by 
a  motion  to  amend  ? 

A  motion  to  amend  holds  the  same  rank  with  the 
previous  question,  and  indefinite  postponement ;  con 
sequently,  that  which  is  first  moved  must  be  first  put. 

*  See  Jefferson's  Manual,  sec.  35,  and  Gushing,  p.  67. 


96  RULES  OF  ORDEK. 

132.  B?/  what  motions  is  the  motion  to  amend  liable  to 
be  superseded? 

The  motion  to  amend  is  liable  to  be  superseded  by 
a  motion  to  postpone  to  a  day  certain,  that  is,  to  a  par 
ticular  time ;  so  that  amendment  and  postponement 
being  in  competition,  the  motion  to  postpone  takes 
precedence. 

A  motion  to  amend  may  also  be  superseded  by  a 
motion  to  commit ;  so  that  the  latter  motion  being 
offered  while  an  amendment  is  under  discussion,  it 
must  be  put  to  the  vote  first. 

DIVISION  OF  A  QUESTION. 

133.  What  other  changes,  if  any,  in  the  nature  of 
amendments,  can  be  wrought,  by  motion,  upon  propositions 
before  a  deliberative  assembly  f 

There  are  several  other  changes  which  may  be  com 
prehended  under  the  general  name  of  amendments,  to 
which  a  proposition  under  discussion  may  be  subjected. 
Thus,  it  may  be  expedient  to  divide  a  question,  or  to 
effect  an  addition,  or  union  of  several  propositions,  or 
to  transpose  the  different  parts  of  a  proposition,  or  to 
fill  up  blanks  designedly  left  for  the  action  of  the  as 
sembly. 

134.  What  do  you  mean  by  dividing  a  question  ? 
When  a  motion  embraces  several  parts,  each  of  which 

forms  substantially  a  separate  proposition,  the  resolu 
tion  of  it  into  distinct  motions,  or  questions  is  called 
dividing  the  question. 


DIVISION  OF  A  QUESTION.  97 

135.  What  advantage  is  there  in  such  a  division  of  the 
question,  and  how  is  it  effected? 

A  motion  may,  in  the  form  of  a  single  proposition, 
comprehend  in  reality  two  or  more  propositions,  one  or 
more  of  which  alone  might  be  acceptable  to  the  assem 
bly,  while  the  rest  might  be  decidedly  objectionable. 

The  advantage,  therefore,  of  a  division  of  the  ques 
tion  is,  that  it  affords  the  assembly  an  opportunity  to 
receive,  or  to  reject  what  part  it  thinks  proper,  and  that, 
without  embarrassment.  The  division  of  a  question  is 
effected  by  an  order  of  the  assembly,  obtained  upon 
motion  introduced  in  the  usual  way  ;  and  when  divided, 
the  several  divisions,  or  proposition,  into  which  it  has 
been  resolved,  must  be  voted  upon  and  decided  in  the 
order  in  which  they  stand. 

136.  What  should  be  the  character  of  a  motion  to  divide 
a  question  f 

A  motion  to  divide  a  question  should  state  particularly 
the  manner,  in  which  it  proposed  to  make  the  division. 

137.  Is  a  motion  for  a  division  of  the  question,  itself  ca 
pable  of  alteration,  or  amendment? 

A  motion  to  divide  is  subject  to  precisely  the  same 
rules  of  amendment  as  any  other. 

138.  Is  it  competent  for  any  member  that  thinJcs  proper 
to  require  a  division  of  the  question  f 

It  is  not  unfrequently  claimed  that  any  member  has 
a  right  to  demand  the  division  of  a  question,  and  that 
without  a  vote  of  the  assembly.  But  for  this  claim 
there  is  no  good  foundation,  unless,  as  is  sometimes  the 
case,  there  is  a  standing  rule  in  the  body  to  that  effect. 
"The  &ct  is,"  (Jef.  Man.,  Sect,  xxxvi.)  "that  the  only 


98  EULES  OF   OEDEE. 

mode  of  separating  a  complicated  question  is  by  mov 
ing  amendments  to  it ;"  or  by  an  order  of  the  assem 
bly  obtained,  as  before  said,  upon  motion  introduced, 
and  carried  in  the  usual  way. 

139.  Under  what  circumstances  is  an  addition,  or  union 
of  the  parts  of  a  question,  expedient  ? 

Whenever,  as  often  occurs,  a  motion  embraces  in 
form  two  propositions,  while  in  substance  there  really 
exists  but  one,  it  is  usually  thought  expedient  to  add 
or  unite  the  separate  propositions,  so  as  to  present  the 
whole  matter  to  the  assembly  as  a  single  question. 

140.  What  is  the  mode  of  proceeding  in  order  to  effect 
such  addition,or  union  ? 

The  addition,  or  union  maybe  effected,  either  by  voting 
down  one  of  the  propositions,  and  then  incorporating 
its  substance  with  the  other,  or  by  referring  the  whole 
matter  to  a  committee,  with  instructions  to  put  the  two 
propositions  in  the  form  of  a  single  question,  or  motion. 

141.  What  is  the  process  in  the  case  of  transposition  ? 
Whenever  it  is  deemed  expedient  to  transpose  a 

clause,  paragraph,  or  section,  there  should  be  a  motion 
to  remove  it  from  the  place  where  it  is,  and  another  to 
insert  it  in  the  place  preferred. 

THE   FILLING  OF   BLANKS. 

142.  What  is  the  order,  or  process  observed  in  filling 
blanks? 

When  blanks  for  the  insertion  of  particular  times 
or  numbers  are  designedly  left  in  a  proposition  to  be 
filled  by  a  vote  of  the  asssembly,  the  motions  to  fill 
such  blanks  are  dealt  with,  not  as  amendments,  but  as 


OKDERS   OF  THE   DAY.  99 

original  motions,  and  must  be  decided  upon  before  put 
ting  the  main  question. 

In  the  event  of  there  being  several  different  propo 
sitions  respecting  the  times  or  numbers  proper  to  fill 
the  blanks,  the  general  rule  is,  to  put  the  question  first 
on  the  longest  time  and  the  largest  sum.  In  the  British 
House  of  Commons,  however  the  rule  is  that  the  ques 
tion  shall  be  put  first  on  the  smallest  sum,  and  the  long 
est  time.* 

ORDERS  OF  THE  DAY. 

143.    What  is  meant  by  the  orders  of  the  day  ? 

It  is  often  expedient  to  order,  by  resolution,  a  partic 
ular  subject  to  be  brought  up  for  consideration  on  a  par 
ticular  day.  Subjects  thus  ordered,  or  appointed  for  a 
specified  time,  are  called  the  orders  of  the  day  for  that 
particular  day. 

*  The  rule  laid  down  in  Jefferson's  Manual,  and  that  which  gen 
erally  prevails  where  there  is  no  special  rule  to  the  contrary,  is  thus 
expressed  (in  Section  xxxiii):  "In  all  cases  of  time  or  number,  we 
must  consider  whether  the  larger  comprehends  the  lesser,  as  in  a 
question  to  what  day  a  postponement  shall  be,  the  number  of  a  com 
mittee,  amount  of  a  fine,  term  of  an  imprisonment,  term  of  irre- 
deemability  of  a  loan,  or  the  terminus  in  quern  (limit  to  which)  in  any 
other  case.  Then  the  question  must  begin  d  maximo  (from  the  great 
est).  Or  whether  the  lesser  includes  the  greater,  as  in  questions  on 
the  limitation  of  the  rate  of  interest,  on  what  day  the  session  shall 
be  closed  by  adjournment,  on  what  day  the  next  shall  commence, 
when  an  act  shall  commence,  or  the  terminus  d  quo  (the  limit  from 
which)  in  any  other  case,  where  the  question  must  begin  d  minima 
(from  the  least).  The  object  being  not  to  begin  at  that  extreme 
which  and  more  being  within  every  man's  wish,  no  one  could  nega 
tive  it,  and  yet  if  we  should  vote  in  the  affirmative,  every  question 
for  more  would  be  precluded;  but  at  that  extreme  which  would 
unite  few,  and  then  advance  or  recede  till  you  get  to  a  number 
which  will  unite  a  bare  majority." 


100  RULES   OF   ORDER. 

144.  When  a  question  is  thus  assigned  for  a  given  day, 
is  it  necessary  to  specify  the  particular  hour  of  the  day  f 

If  no  particular  hour  of  the  day  is  specified,  the  or 
der,  or  subject  appointed,  may  claim,  and  is  entitled 
to  the  entire  day.  If,  however,  a  particular  time  of 
the  day  is  named,  the  order  of  the  day  cannot  be  made 
a  privileged  question;  that  is,  cannot  supersede  any 
pending  question,  till  the  appointed  hour  arrrives. 

145.  What  is  the  rank  of  a  motion  for  the  orders  of 
the  day  ? 

A  motion  for  the  orders  of  the  day  commonly  takes 
precedence  of  all  other  business,  except  a  motion  to 
adjourn,  or  a  question  of  privilege. 

146.  Supposing  several  orders,  or  subjects  to  have  been 
assigned  for  the  same  day,  can  the  motion  for  the  orders  of 
the  day  be  used  to  call  up  one  of  them  in  particular  to  the 
exclusion  of  the  rest  ? 

It  cannot ;  the  motions  must  be  for  the  orders  of  the 
day  collectively. 

147.  How,  then,  in  case  of  dispute,  can  it  be  decided 
which  shall  be  acted  upon  first? 

The  rule  established  by  custom  is,  that  they  shall 
be  taken  up  in  the  order,  in  which  they  stand  on  the 
record. 

148.  Suppose,  of  several  orders  appointed  for  the  same 
day,  one  only  is  assigned  for  a  particular  hour,  can  the 
rest,  in  the  event  of  their  being  time  sufficient,  be  acted  upon 
before  that  hour  ? 

If,  among  several  orders  of  the  day,  one  is  named  for 


ORDEKS  OF  THE  DAY.  101 

a  particular  hour,  the  rest  may  be  acted  on  in  due  suc 
cession,  as  they  stand  upon  the  record,  till  that  hour 
arrives  ;  when  the  subject  appropriate  to  it  must  come 
up  next  in  order. 

149.  Suppose  that  none  of  the  orders  are  taken  up  before 
the  hour  fixed  upon  for  that  particular  one,  what  course  is 
then  pursued  ? 

The  order  for  that  particular  hour  is  first  considered, 
and  the  rest  follow  as  they  stand  on  the  record. 

150.  Suppose  the  motion  for  the  orders  of  the  day  be  de 
cided  in  the  negative,  what  then  is  the  course  to  be  taken  ? 

In  the  event  of  a  motion  for  the  orders  of  the  day 
being  decided  in  the  negative,  the  pending  question  is 
thereby  entitled  to  be  first  considered,  and  decided 
upon. 

151.  Can  a  motion  for  the  orders  of  the  day  be  made, 
while  a  member  is  speaking  ? 

A  motion  for  the  orders  of  the  day  cannot  be  made, 
while  a  member  is  speaking,  because  it  is  a  breach  of 
order  to  interrupt  him,  while  speaking,  unless  by  a  call 
to  order. 

152.  What  becomes  of  a  question,  or  proposition  which 
has  been  superseded  by  a  motion  for  the  orders  of  the 
day? 

A  question  superseded  by  a  motion  for  the  orders  of 
the  day,  is  removed  entirely  from  before  the  assembly, 
and,  if  renewed,  must  be  brought  up  de  novo  in  the  or 
dinary  way. 


102  EULES   OF  ORDER. 

153.  In  the  event  of  an  omission  to  act  upon  the  orders 
of  the  day  on  the  day  appointed,  what  becomes  of  them  ? 

Orders  of  the  day,  if  not  acted  upon  on  the  day  ap 
pointed  for  them,  are  thereby  made  of  no  effect ;  that 
is,  they  cannot,  unless  renewed  for  some  other  day,  be 
regarded  in  the  light  of  privileged  questions. 

But,  in  case  of  a  special  rule  or  by-law  to  that  ef 
fect,  orders  for  a  given  day,  when  not  disposed  of  on 
the  day  appointed,  may  have  precedence  on  every  day 
thereafter,  till  finally  decided  upon. 

154.  Can  orders  of  the  day,  when  once  made  and  ap 
pointed,  ~be  discharged? 

Orders  of  the  day  may  be  discharged  at  any  time, 
and  a  new  order  made  for  a  different  day. 


QUESTIONS  OF  PRIVILEGE. 

155.  What  are  questions  of  privilege  ? 

Questions  of  privilege  are  those  that  involve  the 
rights  and  privileges  of  individual  members,  or  of  the 
whole  body  taken  collectively :  as  where  a  dispute 
arises  respecting  the  presence  of  persons  not  belonging 
to  the  body,  or  where  a  quarrel  takes  place  between 
members  themselves. 

156.  What  rank  does  a  question  of  privilege  hold  among 
privileged  questions  ? 

A  question  of  privilege  prevails  for  the  time,  over 
all  other  propositions,  except  a  motion  to  adjourn. 


QUESTIONS  OF   ORDER.  103 

157.  What  becomes  of  a  proposition  that  has  been  super 
seded  by  a  question  of  privilege  ? 

A  proposition  superseded  by  a  question  of  privilege, 
is  regarded  as  still  pending,  and  must  be  taken  up 
again  just  where  it  was  left  off. 


QUESTIONS  OF  ORDER. 

158.  What  are  questions  of  order  ? 

It  is  the  right  and  the  duty  of  every  member  of  a 
deliberative  assembly  to  see,  as  far  as  may  be,  that  the 
rules  of  order,  in  every  proceeding,  be  duly  observed. 
He  may,  therefore,  and  should  in  all  cases  of  a  breach 
of  the  rules,  rise  to  the  point  of  order,  and  insist  upon 
its  being  duly  enforced. 

But,  if  in  a  case  of  this  kind,  a  difference  of  opinion 
exists,  as  to  whether  a  rule  has  been  violated  or  not, 
the  question,  which  is  thence  called  a  question  of  or 
der,  must  be  determined  before  the  application  of  the 
rule  can  be  insisted  upon. 

159.  But  how  is  it  to  be  determined? 

A  question  of  order  is  usually  settled  by  the  decision 
of  the  chair  and  without  debate.  If,  however,  the  de 
cision  of  the  president  be  deemed  unsatisfactory,  it  is 
competent  for  any  member  to  appeal  from  that  decision, 
and  demand  a  vote  of  the  house  on  the  matter. 

On  an  appeal,  the  question  is  stated  by  the  presiding 
officer,  and  usually  in  this  form :  "  Shall  the  decision  of 
the  chair  be  sustained?"  or,  "  Shall  the  decision  of  the  chair 
stand  as  the  decision  of  the  assembly  ?" 


104:  BULES   OF   ORDER. 

160.  Is  a  motion  on  an  appeal,  like  this,  'debatable  ? 

A  motion  on  an  appeal  from  the  decision  of  the  chair 
is  to  be  debated,  and  in  all  respects  treated  like  any 
other  question  ;  and,  what  is  altogether  against  order 
in  other  cases,  the  presiding  officer  is  permitted  to  par 
ticipate  in  the  debate. 

161.  What  effect,  if  any,  beyond  the  mere  delay,  is  pro 
duced  upon  a  pending  proposition  by  the  introduction  of  a 
question  of  order  f 

It  sometimes  happens,  that  the  decision  of  a  question 
of  order  disposes  of  the  question  out  of  which  it  arose ; 
but,  with  this  exception,  a  pending  proposition  remains 
wholly  unaffected  by  the  introduction  and  decision  of 
a  question  of  order,  and  the  consideration  of  it  is  to 
be  resumed  just  at  the  point,  where  it  was  interrupted. 


MOTIONS  FOR  THE  READING  OF  PAPERS. 

162.  When,  if  not  always,  is  it  necessary  to  introduce 
a  motion  for  the  reading  of  papers  ? 

"When  papers,  or  documents  of  any  kind  are  laid  be 
fore  a  deliberative  assembly,  every  member  has  a  right 
to  have  them  read  once  before  he  can  be  required  to 
vote  upon  them. 

Accordingly,  when  the  reading  of  a  paper  which  has 
immediate  reference  to  the  matter  under  discussion  is 
called  for,  the  paper  is  of  course  read  by  the  clerk,  or 
secretary,  without  the  formality  of  a  vote  to  that 
effect. 


MOTIONS  FOB  THE  READING  OF  PAPERS.    105 

163.  Has,  then,  any  member,  the  right  at  any  time,  to 
call  for  the  reading  of  any  paper  that  he  may  deem  perti 
nent  to  the  matter  under  debate  ? 

No  member  has  a  right  to  read  or  have  read  any 
book,  paper,  or  other  document,  which  is  not  obviously 
essential  to  a  right  understanding  of  the  question 
before  the  house.  This  is  manifestly  a  very  proper 
limitation ;  for  without  it,  such  delay  and  embarrass 
ment  would  often  ensue  as  to  prevent  the  transaction 
of  the  most  important  business. 

When,  therefore,  a  member  desires  to  read  or  have 
read  a  paper  that  seems  to  transcend  the  limits  within 
which  such  reading  ought  to  be  confined,  even  though 
it  should  be  his  own  previously  prepared  speech  on 
the  subject,  he  must,  for  this  purpose,  if  any  one 
objects,  obtain  permission  so  to  do  by  a  vote  of  the 
assembly. 

\ 

164.  Is  the  reading  of  a  paper  ordinarily  objected  to  in 

an  assembly  ? 

That  depends  upon  its  apparent  aim,  or  obvious 
tendency.  If  the  aim  clearly  is  to  shed  light  upon  the 
subject,  and  so  conduce  to  a  more  intelligent  disposi 
tion  of  it,  the  paper  is  ordinarily  read,  under  the  direc 
tion  of  the  presiding  officer,  without  the  least  objec 
tion.  But,  when  the  purpose  of  the  proposed  reading 
is  obviously  to  create  delay,  or  where,  for  any  reason, 
it  seems  likely  to  operate  as  an  abuse  of  the  time  and 
patience  of  the  assembly,  it  is  generally  met  with  a 
most  decided  negative. 

5* 


106  KULES  OF  OliDEE. 


MOTIONS  FOR  THE  WITHDRAWAL  OF  MOTION. 

165.  When  is  it  necessary  to  offer  a  motion  for  the 
withdrawal  of  a  motion  f 

"When  a  motion  is  once  moved,  seconded,  and  stated 
from  the  chair,  it  is  thereafter  the  property  of  the 
house,  and  cannot  be  withdrawn  by  the  mover.* 

If,  however,  the  mover,  either  for  the  purpose  of 
modifying  it,  or  substituting  another  in  its  place,  or  for 
any  other  purpose,  desires  to  withdraw  it  from  the 
House,  he  is  not  at  liberty  so  to  do,  without  leave  ob 
tained  by  a  motion  to  that  effect,  regularly  made  and 
passed  in  the  usual  way.  If  the  motion  for  a  with 
drawal  is  negatived,  the  matter  must  be  treated  just  as 
if  no  motion  to  withdraw  had  been  proposed. 

MOTIONS  FOR  THE  SUSPENSION  OF  RULES. 

166.  When  is  a  motion  for  the  suspension  of  a  rule 
necessary  ? 

When  anything  is  proposed  which  is  forbidden  by  a 
special  rule,  but  which  is  deemed  to  be  of  such  import 
ance  as  to  warrant  a  suspension  of  that  rule,  it  is  nec 
essary  to  make  a  motion  to  that  effect.  Of  course,  the 
motion  to  suspend  precedes  the  original  motion. 

*  This  is  the  rule  in  Parliament,  and  the  general  rule  in  the  Leg 
islative  bodies  of  this  country.  There  are,  however,  exceptions  to  it ; 
as  in  the  state  Legislature  of  Pennsylvania ;  where  a  motion,  or 
resolution  may  be  withdrawn  by  the  mover  at  any  time  previous  to 
an  amendment,  or  a  final  decision. 


MOTION   TO   RECONSIDER.  107 

167.  Can  a  motion  to  suspend  the  operation  of  a  special 
rule,  be  carried  by  the  will  of  a  bare  majority  ? 

If  there  be  no  standing-rule,  or  by-law  to  the  con 
trary,  a  motion  to  suspend,  like  any  other  motion,  is 
carried  by  a  vote  of  the  majority.  But,  in  most  delib 
erative  assemblies,  there  is  an  established  rule  on  the 
subject,  whereby  a  motion  to  suspend,  in  order  to  be 
successful,  must  have  a  fixed  number  of  votes ;  as  two- 
thirds,  or  three-fourths,  for  example. 

MOTION  TO  RECONSIDER. 

168.  What  is  a  motion  to  reconsider  f 

In  the  British  Parliament,  when  once  a  question  has 
been  decided,  whether  negatively,  or  affirmatively,  that 
decision  stands  as  the  sense,  will,  or  judgment  of  the 
House,  and  is  held  to  be  irreversible. 

But,  as  the  members  of  an  assembly  are  individ 
ually  liable  to  mistakes,  so,  in  their  collective  capacity, 
they  sometimes  find  themselves  in  error.  The  result 
is,  that  in  Parliament,  where  a  vote  once  given  is  ac 
counted  unchangeable,  great  inconvenience  ensues, 
when  it  is  found,  as  must  occasionally  happen,  that 
such  vote  grew  out  of  error,  or  misconception.* 

The  embarrassments  resulting  from  a  rigid  adher 
ence  to  this  rule  have  been  avoided,  in  this  country,  by 
the  introduction  of  what  is  called  THE  MOTION  TO  RE 
CONSIDER  ;  whereby  a  decision  found  to  be  erroneous, 
may  be  reviewed  and  revised. 

*  Various  are  the  shifts  and  expedients  adopted  in  Parliament 
to  escape  the  consequences  of  the  rule  under  notice ;  such  as  acts 
explaining,  enforcing,  correcting,  <fcc.,  <fcc. 


108  RULES  OF  ORDEK. 

169.  Under  what  restrictions,  if  any,  must  the  motion 
to  reconsider  be  made  f 

The  time  within  which,  and  the  parties  by  whom,  a 
motion  to  reconsider  shall  be  made,  are,  in  many  cases, 
fixed  by  a  special  rule.  Thus,  in  Congress,  a  motion 
to  reconsider  must  be  made,  either  on  the  same  day,  or 
on  the  day  after  the  passage  of  the  resolution  to 
which  it  relates.  Where  there  is  no  special  rule  on 
the  subject,  the  motion  to  reconsider  is  under  no  limit 
ation  as  to  time. 

In  respect  to  the  parties  by  whom  a  motion  to  re 
consider  shall  be  made,  it  is  a  general  rule,  that  the 
proposition  must  emanate  from  some  member  who 
voted  with  the  majority. 

170.  In  what  condition  does  a  motion  to  reconsider,  if 
decided  in  the  affirmative,  place  the  subject,  to  which  it  re 
fers? 

Should  a  motion  to  reconsider  prevail,  the  position 
of  the  subject,  to  which  it  refers,  is  exactly  what  it  was 
before  the  decision  which  made  the  reconsideration 
necessary.  It  may,  therefore,  be  resumed  at  that 
point,  and  disposed  of  according  to  the  pleasure  of  the 
assembly. 

171.  Is  the  motion  to  reconsider  a  privileged  one? 

A  motion  to  reconsider  in  Congress,  takes  pre 
cedence  of  all  other  motions,  except  the  motion  to  ad 
journ  ;  and,  wherever  the  time  within  which  a  motion 
to  reconsider  is  fixed  by  special  rule,  it  ought  thus  to 
have  the  precedence. 


SECTION  VI. 

ORDER     OF     BUSINESS. 

172.  When  a  variety  of  subjects  offer  themselves  for  the 
consideration  of  a  deliberative  body,  what  particular  order, 
if  any,  is  observed  in  taking  them  up  ? 

IN  almost  all  permanently  organized  bodies,  there  is 
a  particular  order  of  business  established  by  a  special 
rule,  or  by-law.  But,  where  no  such  rule  exists,  the 
President,  unless  the  matter  is,  for  the  time,  otherwise 
ordered  by  a  vote  of  the  assembly,  introduces  business 
according  to  his  pleasure,  or  sense  of  propriety  in  the 
case. 

173.  What  advantage,  if  any,  results  from  a  standing 
rule  fixing  the  order  of  business  ? 

A  standing  rule,  or  order  of  business  affords  several 
important  advantages.  It  saves  time ;  it  secures  to  each 
topic  its  proper  place ;  and,  therefore,  prevents  disputes 
about  precedency,  and  so  facilitates  the  transaction  of 
business. 

174.  Must  the  standing -rule,  or  order  of  business,  where 
there  is  one,  always  be  adhered  to  ? 

A  rule  fixing  the  order  of  business,  like  any  other 
rule,  may,  upon  proper  occasion,  of  course,  be  suspended. 


110  EULES  OF   OKDEK. 

175.  In  cases  where  the  minutes  of  a  previous  meeting 
are  read,  is  it  necessary  to  approve  them  by  a  formal  motion  f 

It  is  quite  customary,  after  the  reading  of  the  min 
utes,  for  a  formal  motion  of  approval  to  be  made  and 
submitted ;  but  such  formal  action  does  not  appear  to 
be  necessary. 

For,  as  they  must,  if  correct,  be  approved,  no  mo 
tion  is  needed,  unless  some  error  is  detected  in  them. 
Ordinarily,  therefore,  where  no  mistake  is  discovered, 
it  is  quite  sufficient  for  the  President  to  say  in  sub 
stance: — "  What  is  the  pleasure  of  the  meeting  in  regard 
to  the  minutes  which  have  just  been  read?  If  there  be  no 
objection,  they  will  be  considered  as  approved"  In  the 
event  of  there  being  no  objection,  he  simply  adds :  "  The 
minutes,  then,  stand  approved." 

176.  Suppose  an  error  is  detected,  what  then  is  done  ? 

In  case  of  the  existence  of  an  error  in  the  minutes, 
a  motion  is  made  to  correct,  and  the  correction  being 
made,  the  President,  in  submitting  the  question,  says  : 
"Shall  the  minutes,  as  corrected,  be  approved?"  If  de 
cided  affirmatively,  he  simply  announces  the  result, 
and  thus  the  matter  ends.* 

177.  What  is  the  next  step  after  the  approval  of  the 
minutes  f 

Immediately  after  the  approval  of  the  minutes,  the 
President  announces  the  first  business,  in  order,  accord- 

*  It  should  be  kept  in  mind,  that  no  motion  to  amend  the  minutes, 
by  striking  out  words  or  sentences,  is  at  all  admissible,  unless  they 
contain  some  error  of  fact. 


OKDEK  OF  BUSINESS.  Ill 

ing  to  the  special  rule,  if  there  be  one,  or  if  not,  what 
ever  he  deems  appropriate  first  to  introduce. 

178.  Suppose  the  first  business  in  order  to  be  the  presen 
tation  of  petitions,  memorials,  or  other  communications,  in 
what  way  are  they  to  be  introduced  ? 

Any  member  charged  with  the  presentation  of  a  pe 
tition,  or  other  communication,  should,  when  the  proper 
time  arrives,  rise  in  his  place,  with  the  paper  in  his 
hand,  and  announce  that  he  has  been  commissioned  to 
present  such  a  paper.  He  then  briefly  describes  the 
character  of  the  document,  and  unless  anticipated  in 
so  doing  by  another  member,  moves  that  it  be  received. 

179.  Is  the  member  who  presents  such  petition,  or  other 
communication,  responsible,  in  any  wise,  for  the  character 
of  its  contents  ? 

The  member  that  presents  a  petition  or  any  other 
communication,  should  be  prepared  beforehand  to  give, 
if  required,  a  summary  of  its  contents,  and  to  vouch 
for  the  decency  and  respectfulness  of  its  language  and 
sentiments. 

180.  Is  it  in  order  for  parties  who  are  not  members  of 
the  body,  to  appear  therein,  and  introduce  communications  ? 

A  petition  or  other  communication  should  always  be 
presented  by  a  member,  specially  entrusted  with  that 
service  by  the  parties  from  whom  it  emanates,  or  by 
others  immediately  interested  in  its  contents.  But 
letters  and  other  ordinary  communications  are  usually 
handed  to  the  President,  and  b}r  him  or  by  the  secre 
tary  read  without  further  formality. 


112  RULES  OF  OEDEE. 

181.  If  received,  what  further  action  is  taken  upon  it? 
If  the  document  be  received,  it  is  then  handed  to 

the  secretary  to  be  read.  This  being  done,  the  Pres 
ident  asks  what  order  shall  be  taken  upon  it :  where 
upon,  a  motion  for  that  purpose  being  made,  it  is  either 
acted  upon  immediately  by  the  assembly,  or  set  down 
for  a  particular  time,  or  referred  to  a  committee,  or 
else  postponed  indefinitely. 

182.  Supposing  the  next  thing  in  order  to  be  reports 
from  committees,  in  what  way  are  they  to  be  introduced  ? 

The  time  being  come  for  reports  from  committees, 
the  President,  commencing  with  the  first  on  his  list, 
asks  aloud:  " Is  the  committee  on  (naming  the  subject) 
ready  to  report?" 

The  chairman  of  that  committee,  if  present,  or  in 
the  event  of  his  being  absent,  some  other  member  of  it, 
then  rises,  and,  if  prepared  to  report,  says :  "  The  com 
mittee,  Mr.  President,  to  whom  was  referred  the  subject 
(naming  it)  have  had  the  matter  under  consideration,  and 
have  instructed  me  to  deliver  a  report,  which  is  ready  to  be 
presented  whenever  the  assembly  is  pleased  to  receive  it."* 

183.  Is  a  motion  to  receive  such  report  necessary? 

No  motion  to  receive  the  report  is  necessary,  or  is 
generally  made,  unless  some  objection  to  receiving  it 
is  raised,  or  it  is  deemed  expedient  to  fix  some  other 

*  If  not  prepared  to  report,  he  may  simply  announce,  that  the 
committee  is  not  prepared  to  report  at  this  time,  or  he  may  report 
progress,  or  make  any  statement,  or  explanation  respecting  the  mat 
ter  which  may  appear  proper  or  expedient. 


ORDER   OF  BUSINESS.  113 

time  for  receiving  it.  In  either  case,  a  motion  must  be 
made,  and  submitted,  in  the  usual  way,  either  by  the 
chairman  of  the  committee  himself,  or  by  some  other 
member  of  the  body. 

184.  If  it  be  decided  to  receive  the  report,  what  is  the 
next  step  in  the  process  ? 

The  report  is  then,  by  direction  of  the  President, 
read,*  either  by  the  chairman  of  the  committee  in  his 
place,  or  by  the  secretary.  It  is  then,  together  with  all 
other  papers  connected  with  it,  put  in  charge  of  the 
secretary. « 

This  being  done,  the  President  asks :  "  What  order 
shall  be  taken  on  the  report  which  has  just  been  read? 

185.  In  what  way  is  it  proper  to  respond  to  this  ques 
tion,  or  what  action  does  it  call  forth  f 

As  an  assembly  can  dispose  of  a  report  of  a  com 
mittee  just  as  they  can  of  any  other  matter  proposed 
for  their  consideration,  the  question,  "  What  order  shall 
be  taken  on  the  report  ?"  elicits,  of  course,  from  mem 
bers  motions,  either  to  accept,  or  adopt,  to  amend,  f  to 
recommit,  or  to  make  any  other  regular  disposition  of 
it  whatever. 

*  Where  reports  are  ordered  to  be  printed  before  being  acted 
upon,  as  in  legislative  assemblies,  the  reading  is  rendered  unnec 
essary. 

\  It  is,  however,  a  disputed  point,  whether  the  report  of  a  commit 
tee  can  be  amended  by  the  assembly.  The  best  usage  seems  to  be 
against  it.  Still,  according  to  high  authority,  a  report  may  be 
amended  just  as  well  as  a  resolution.  Perhaps,  the  more  courteous 
way  is  to  re-commit  with  instructions. 


114  RULES   OF   ORDER. 

186.  What  is  the  effect  of  a  motion  to  accept,  or  adopt, 
if  carried  in  the  affirmative  ? 

A  paper  accepted,  or  adopted  by  a  formal  vote  of  a 
deliberative  assembly,  thereby  becomes  tlie  statement, 
or  sentiment  of  the  assembly  itself;  for  the  acts  and 
judgments  of  the  committee,  when  once  adopted  in 
due  form,  are,  by  that  circumstance,  made  the  acts  and 
judgments  of  the  body,  under  whose  orders  they  un 
dertook  the  consideration  of  the  subject. 

187.  Would  it  be  out  of  order  to  move  the  acceptance  of 
a  report,  and  the  adoption  of  the  resolutions  thereto  ap 
pended,  separately. 

It  is  not  only  not  out  of  order,  but,  in  fact,  the  better 
way,  first,  to  accept  the  report  by  a  regular  motion 
to  that  effect,  and  then  adopt  the  resolutions,  if  satis 
factory,  by  a  separate  vote ;  for,  in  the  resolutions,  or 
recommendations  of  a  committee,  indeed,  we  have  a 
direct  expression  of  the  conclusions  to  which  they  have 
been  led,  and  therefore  a  distinct  motion  to  adopt  these, 
as  the  conclusions  of  the  body  at  large  seems  highly 
proper,  if  not  essential. 

188.  What  difference  of  import  is  there,  in  this  connec- 
tion,  between  the  terms  "accept"  and  "  adopt?" 

Accept  and  adopt,  when  applied  generally  to  a  report, 
or  other  document  submitted  to  a  deliberative  body, 
are  usually  understood  to  denote  the  same  thing ;  but 
a  more  discriminating  usage  confines  the  term  "  adopt" 
to  that  act  by  which  the  assembly  directly  and  dis 
tinctly  take,  and  treat  as  their  own  the  resolutions,  or 


ORDER  OF  BUSINESS.  115 

recommendations  of  a  report,  or  other  like  document ; 
while  the  term  "  accept "  is  employed  in  relation  to  pa 
pers  containing  statements  of  fact,  arguments,  or  rea 
sonings,  out  of  which  conclusions  are  to  be  educed. 

189.  When  the  report  of  a  committee  consists  of  a  paper 
referred  to  them  for  alteration,  or  amendment,  what  is  the 
order  of  proceeding  ? 

When  the  report  of  a  committee  embraces  merely  a 
paper  with  amendments,  the  chairman  of  the  commit 
tee  reads  the  amendments  with  the  coherence  or  proper 
connections,  explains  the  reasons  of  the  alterations,  if 
necessary,  and  so  exhibits,  in  order  throughout,  all  the 
changes  proposed.  The  report  is  then,  of  course,  put 
in  charge  of  the  clerk,  or  secretary. 

When  taken  up  for  consideration  by  the  assembly, 
the  amendments  only  are  read  by  the  clerk,  or  secre 
tary.  The  President  then  reads  each  in  course,  and  sub 
mits  them  successively  to  a  vote  of  the  assembly. 

190.  Is  it  not  allowable,  during  this  process,  for  mem 
bers  to  offer  other  amendments  ? 

While  the  assembly  is  engaged  in  disposing  of  amend 
ments  proposed  by  the  committee,  it  is  not  in  order  to 
receive  any  other  amendment,  except,  of  course,  an 
amendment  to  an  amendment,  which  must  then  be 
made,  or 'not  made  at  all. 

191.  What  opportunity,  if  any,  is  allowed  for  amend- 
ments  by  the  assembly  ? 

The  amendments  suggested  by  the  committee  being 
decided  upon,  the  President  before  putting  the  question 


116  RULES  OF  ORDER. 

on  the  whole  paper,  as  amended,  or  not,  as  the  case  may 
stand,  waits  a  moment  to  hear,  if  any,  other  amend 
ments  from  the  assembly,  which  are  then  in  order. 

192.  May  a  subject  on  which  a  report  has  once  been 
made  and  presented,  be  re-committed  ? 

A  subject  may  be  re-committed  as  often  as  the  as 
sembly  please,  either  to  the  same,  or  to  a  different 
committee. 

193.  When,  if  ever,  is  the  proper  time  to  hear  a  report 
from  the  minority  of  a  committee  ? 

The  motion  to  hear  the  report  of  the  minority  should 
follow  immediately  the  reading  of  that  from  the  ma 
jority.  Thereafter,  both  reports  being  the  property  of 
the  house,  they  may  be  disposed  of  according  to  the 
pleasure  of  the  assembly.* 

194.  If,  for  any  cause,  a  committee  find  it  inexpedient, 

*  On  the  mode  of  proceeding  respecting  a  minority  report, 
Mathias  (page  38)  has  the  following: — 

"  Should  a  committee  not  be  unanimous  in  opinion,  and  those  in 
the  minority  be  desirous  of  placing  their  views  before  the  meeting, 
the  matter  should  be  introduced  immediately  after  the  majority  re 
port  has  been  read.  A  member  will  then  move  that  '  the  report 
and  resolution  thereto  attached  be  postponed  for  the  present,  for 
the  purpose  of  enabling  the  minority  to  present  their  report.'  If 
this  motion  prevails,  as  is  almost  always  the  case,  the  minority  re 
port  will  be  immediately  presented,  received  and  read.  It  is  then 
in  order,  on  motion,  to  take  up  for  consideration  the  resolution  at 
tached  to  either  of  the  reports. 

"  If  the  minority  are  not  prepared  to  report,  a  motion  may  be  made 
to  postpone  the  majority  report  until  the  next  meeting,  in  order  to 
enable  the  minority  to  get  their  report  ready." — See  answer  to 
question  63,  p.  6£. 


ORDER  OF  BUSINESS.  117 

or  impracticable,  to  render  a  report,  what  course  is  taken 
in  relation  to  such  a  committee  ? 

When,  for  any  cause,  a  committee  deem  it  inexpe 
dient  to  make  a  report,  the  chairman,  or  some  other 
member  of  that  committee  should,  when  the  report  is 
called  for,  rise  in  his  place,  and,  after  making  a  state 
ment  of  the  case,  move  that  the  committee  be  dis 
charged  from  the  further  consideration  of  the  subject. 

195.  Supposing  a  paper  consisting  of  several  distinct 
propositions,  or  of  a  series  of  resolutions,  to  be  laid  before 
an  assembly,  what  order  is  observed  in  taking  them  up  ? 

In  considering  a  document  embracing  several  prop 
ositions,  or  resolutions,  the  entire  paper  should  first 
be  read  by  the  secretary.  This  enables  the  members  to 
get  a  general  and  connected  view  of  the  whole  matter. 

Then,  in  order  the  more  closely  to  consider,  and,  if 
necessary,  to  amend  each  part  in  detail,  the  natural 
order  is  to  begin  at  the  beginning,  and  go  regularly 
through  by  paragraphs  or  resolutions :  the  President 
reading  each  in  its  turn,  and  pausing  at  the  end  of 
each  to  receive  and  put,  if  need  be,  any  amendments 
offered.* 

When  all  this  is  done,  the  President  submits  the 
whole  paper,  amended,  or  unamended,  as  the  case  may 
be,  to  a  vote  of  the  assembly  on  its  final  adoption. 

*  This  order  is  so  rigidly  adhered  to  in  Parliament  that,  when 
the  latter  part  of  a  paper  has  been  amended,  it  is  not  allowable  to 
go  back  and  make  alterations  in  the  previous  sections,  or  paragraphs. 
In  the  Senate  of  the  United  States,  however,  it  is  not  forbidden  to 
recur  to  a  former  part  of  a  paper,  under  deliberation,  for  the  pur 
pose  of  amending  it. 


118  RULES   OF   ORDER. 

196.  In  the  case  of  a  series  of  resolutions,  is  it  not  usual 
to  consider  and  adopt  them  separately  ? 

It  is  quite  common,  indeed  it  is  the  general  custom, 
in  case  of  a  series  of  resolutions  being  laid  before  a 
deliberative  body,  to  put  the  question  on  each  resolu 
tion  separately :  the  preamble,  if  any,  being  reserved, 
and  acted  upon  last  of  all. 


197.  Why  should  the  preamble  be  reserved  to  the 

The  preamble  should  be  reserved  till  the  resolutions 
have  been  disposed  of,  because  in  the  event  of  their 
being  amended,  it  might  require  alteration  to  render  it 
appropriate,  or  should  the  resolutions  be  negatived,  it 
would,  of  course,  fall  to  the  ground  altogether. 

198.  Can  more  than  one  subject  be  under  consideration 
at  the  same  time  ? 

There  can  be  but  one  main,  or  principal  subject  un 
der  consideration  in  a  deliberative  assembly  at  once, 
but  there  may  be  pending  at  the  same  time,  a  number 
of  incidental,  or  subsidiary  questions,  all  which  have 
been  explained  already  in  the  answers  to  questions  un 
der  the  head  of  Privileged  Questions. 

199.  When  the  business  of  a  meeting  seems  to  be  fin 
ished,  what  course  is  taken  by  the  President  ? 

Whenever  a  pause  or  cessation  occurs  in  the  pro 
ceedings,  the  President  simply  says  :  "  There  is  no  busi 
ness  before  the  meeting"  This  either  brings  up  new 
business,  or  a  motion  to  adjourn. 


SECTION  VII. 

ORDER     OF    DEBATE. 

200.  When  is  it  in  order  to  rise  and  speak  on  a  motion, 
or  proposition  f 

As  a  motion,  or  proposition  is  not  fairly  before  a  de 
liberative  assembly,  until  moved,  seconded,  and  stated 
from  the  chair,  it  is  never  in  order  to  rise  and  speak 
on  it,  until  it  has  thus  formally  been  introduced. 

201.  May  the  President  engage  in  the  debate  f 

It  being  plainly  incompatible  with  a  due  discharge 
of  his  appropriate  duties  for  the  President,  as  a  gen 
eral  thing,  to  take  part  in  the  debates,  he  is  not  al 
lowed  to  do  so,  except  in  cases  growing  out  of,  or  nat 
urally  belonging  to  his  official  position.  Thus,  he  may, 
and  ought,  when  desirable,  to  explain  points  of  order ; 
he  may  give  information  of  facts  bearing  upon  the  busi 
ness  under  deliberation ;  and,  in  the  event  of  an  appeal 
from  his  decision  on  questions  of  order,  he  is  free  to 
engage  in  any  debate  thereupon. 

When,  however,  the  presiding  officer  does  rise  to 
speak,  he  is  entitled  to  be  heard  even  .before  a  mem 
ber  who  may  be  already  on  the  floor.  In  such  case, 


120  RULES  OF  ORDER. 

the  member  standing  should  take  his  seat,  till  the 
President  has  finished. 


202.  Can  a  member  once  fairly  in  possession  of  the 
floor,  be  refused  a  hearing  f 

He  that  fairly  gets  the  floor,  is  fully  entitled  to  be 
heard.  He  cannot  be  interrupted  by  a  call  for  adjourn 
ment,  or  for  the  orders  of  the  day,  or  for  the  ques 
tion  ;  for  this  is  not  making  a  regular  motion.  "  Such 
calls  are  themselves,"  says  Jefferson,  "breaches  of 
order." 

203.  In  case  of  a  dispute,  or  of  conflicting  claims  to  the 
floor,  who  is  to  decide  ? 

If  several  members  rise  and  address  the  chair  at 
once,  or  nearly  at  once,  the  President  is  to  grant  the  pre 
cedence  to  him  whose  voice  is  first  heard.  But  it  is 
competent  for  any  member  to  question  this  decision, 
and  to  ask  a  vote  of  the  assembly  thereupon.  In  case 
of  a  vote,  the  question  is  first  taken  on  the  claim 
of  the  member,  in  whose  favor  the  President  has 
decided. 

204.  Is  it  ever  in  order  to  interrupt  a  member  when 
speaking  on  a  subject  before  the  house  ? 

It  is  never  in  order,  as  a  general  rule,  to  interrupt  a 
member  while  addressing  the  house,  except  by  a  call 
to  order  ;*  that  is,  he  cannot  rightfully  be  interrupted 
in  his  speech  by  a  member  rising  and  proposing  to 

*  It  is,  in  some  assemblies,  allowable  for  a  member  to  interrupt  a 
speaker  in  order  to  make  an  explanation. 


ORDER  OF  DEBATE.  121 

adjourn,  or  making  any  other  like  privileged  mo 
tion.* 

Yet  this  rule  is  not  to  be  so  construed  or  interpreted 
as  to  preclude  all  possible  cases  or  contingences,  for 
such  a  construction  of  it  would  sometimes  work  great 
er  mischief  than  that  which  it  is  intended  to  prevent. 
Thus,  cases  may  arise,  in  which  it  may  be  of  the  high 
est  moment  to  interrupt  a  speaker,  in  order  to  announce 
facts  or  information  of  immediate  and  pressing  interest 
or  necessity. 

The  whole  aim  of  the  rule  is  to  secure  a  member 
who  has  the  floor,  and  is  speaking,  from  all  wanton  or 
abusive  interruption,  as  long  as  he  himself  observes 
the  rules  of  order  and  the  decencies  of  debate. 

205.  Does  a  call  to  order  prevent  a  speaker  from 
finishing  his  speech  ? 

When  the  question  raised  by  a  call  to  order  has  been 
decided,  the  speaker  is  still  in  possession  of  his  right 
to  proceed ;  nor  can  he  be  arrested,  as  before  said,  even 
by  a  motion  to  adjourn.  His  right  is  to  a  full  hearing. 

There  are  some  deliberative  bodies,  in  which  a  rule 
is  laid  down,  fixing  the  limits  in  respect  to  time,  within 
which  every  speaker  is  to  be  confined.  But,  even 
where  no  such  rule  exists,  a  tedious  or  offensive  speak 
er,  though  his  right  to  proceed  is  not  questioned,  is  gen 
erally  made,  by  certain  indications  of  impatience  in  the 
audience,  to  see  the  propriety  of  closing  his  speech. 

*  Sometimes,  in  order  to  hasten  the  decision  of  a  question  some 
member  will  call  out — Question  I  Question  I  even  while  a  speaker  is 
on  the  floor.  This  is  usually  regarded  as  the  greatest  rudeness ; 
though  often  resorted  to  in  order  to  get  rid  of  a  tiresome  speaker. 

6 


122  RULES   OF  ORDER. 

206.  Is  a  speaker  who,  for  some  special  purpose,  volun 
tarily  yields  the  floor  in  favor  of  another,  entitled  as  soon 
as  the  object  of  the  interruption  is  gained,  to  go  on  with  his 


As  a  matter  of  favor,  or  concession,  but  not  as  a  mat 
ter  of  right,  a  speaker  who  temporarily  yields  the  floor 
in  favor  of  another,  is  generally  permitted,  immediately 
after  the  interruption,  to  resume  his  remarks.  If  the 
privilege  be  denied,  he  cannot  claim  it  as  a  right. 

207.  Does  a  per  son  speaJdng  in  a  deliberative  assembly, 
address  himself  formally  to  the  assembly,  or  to  the  presid 
ing  officer? 

Whenever  a  member  of  a  deliberative  assembly  pro 
poses  to  speak  upon  a  matter  in  debate,  he  is  expected 
to  rise  in  his  place,  with  head  uncovered,  and  address 
himself,  inform,  directly  to  the  presiding  officer:  say 
ing,  " Mr.  President,  Mr.  Chairman,"11  or  whatever  else 
may  be  his  title  in  the  body.  Thereupon  the  President 
addresses  the  speaker  by  name,  and  so  introduces 
and  commends  him  to  the  attention  of  the  meet 
ing. 

208.  When  a  member  is  speaking,  is  it  in  order  to  des 
ignate  other  members  to  whom  he  wishes  to  refer,  by  their 
nam,es  f 

It  is  not  in  order,  neither  is  it  considered  in  good 
taste,  in  debate,  for  a  speaker  to  designate  other  mem 
bers  by  their  names :  the  modes  of  expression  for  this 
purpose  being, — "  The  gentleman  who  has  just  taken  his 
seat"  or,  "  The  member  on  the  other  side  of  the  house,"  or, 
"  The  last  speaker  but  one"  or  some  other  like  indication. 


ORDER  OF  DEBATE.  123 

209.  What  restriction,  if  any,  is  a  speaker  under  in  re 
gard  to  the  mode  of  discussing  a  subject? 

Every  speaker  is  bound  to  confine  himself  to  the 
question.  This  is  the  common  and  necessary  rule. 
But  it  must  be  liberally  interpreted, '  and  never,  under 
color  of  cutting  off  digressions,  be  made  to  .hinder  a 
full  and  free  expression  of  sentiment. 

210.  Under  what  restrictions,  if  any,  is  a  speaker,  in 
relation  to  his  mode  of  treating  other  members  engaged  in 
the  debate  ? 

Every  speaker  is  bound  to  avoid  personalities ;  that 
is,  he  is  not  to  use  harsh,  reviling,  or  unmannerly 
words  of  any  kind  in  relation  to  others  engaged  in  the 
debate ;  but  to  exercise,  in  all  respects,  a  courteous 
and  gentlemanly  deportment :  principles  and  meas 
ures,  not  the  character  and  motives  of  those  who  advo 
cate  them,  being  the  proper  subject  of  animadversion 
and  reprobation. 

211.  Under  what  restriction,  if  any,  is  a  speaker  in 
respect  to  his  mode  of  treating  the  resolves,  or  other  proceed 
ings  of  the  assembly  ? 

Every  speaker  is  bound  to  refrain  from  the  use  of 
reproachful  or  indecent  language  in  regard  to  the  pre 
vious  acts,  or  decisions  of  the  assembly,  or  any  of  its 
committees.  He  may,  however,  offer,  and  support  a 
motion  to  rescind  any  act  or  resolution  of  the  body, 
and  in  so  doing,  indulge  in  the  language  of  invective 
or  reprobation,  so  long  as  he  violates  not  the  rules  of 
debate. 


124  EULES   OF   OEDEE. 

212.  Is  it  in  order  for  a  member  to  ~be  present,  when  the 
assembly  are  deliberating  upon  matters,  in  which  he  is  per 
sonally  concerned  ? 

It  is  neither  in  order,  nor  in  decency  for  a  member 
to  be  present  in  the  assembly,  when  he  is  personally 
interested  in  the  matter  under  debate. 

213.  What,  if  anything,  is  done,  when  a  member  in 
addressing  the  assembly,  makes  use  of  language  that  is  in 
sulting  to  another  member,  or  to  the  body  at  large  ? 

"When  a  member  in  speaking,  indulges  in  language 
abusive  or  insulting  to  other  members,  or  to  the  body 
generally,  he  is  usually  interrupted  in  his  speech  by 
members  calling  him  to  order.  In  that  case,  the  party 
aggrieved,  or  objecting  to  the  language,  is  requested  by 
the  President,  or  proceeds  of  his  own  accord,  either  to 
repeat,  or  reduce  to  writing  the  exact  words  complained 
of,  so  that  they  may  be  recorded  by  the  clerk,  or  sec 
retary. 

214.  Must  the  words  be  so  recorded  ? 

The  words,  upon  being  repeated,  may  be,  or  appear 
to  be,  less  offensive,  or  insulting  than  had  been  sup 
posed.  In  that  event,  the  President  may  hesitate,  and 
unless  forced  by  calls  to  that  effect  from  the  assembly, 
or  by  a  resolution  duly  passed,  he  may,  in  his  discre 
tion,  allow  the  affair  to  pass  over  by  not  directing  the 
clerk  to  take  the  words  down.  If  that,  however,  be 
the  clear  wish  of  the  assembly,  however  expressed,  the 
words  must  be  recorded,  and  the  matter  in  due  form 
settled. 


OKDER  OF  DEBATE.  125 

215.  Supposing  the  objectionable  words  to  be  taken  down 
ly  order  of  the  President,  or  that  of  the  assembly,  what 
follows  ? 

The  words  being  recorded  by  the  clerk,  or  secretary, 
are  to  be  read  to  the  member  who  is  charged  with 
using  them ;  and,  if  he  denies  them  to  be  the  words 
which  he  used,  the  judgment,  or  testimony  of  the  as 
sembly  is  taken  by  a  vote  on  the  question  whether  the 
words  recorded  by  the  clerk,  and  imputed  to  him,  be 
really  his,  or  not.  Before  taking  the  question,  how 
ever,  it  is  competent  for  the  assembly  so  to  amend,  or 
alter  the  words  taken  down,  as  tp  bring  them,  if  pos 
sible,  nearer  to  what,  in  their  judgment,  the  offending 
member  actually  did  say. 

216.  What  if  the  member  does  not  deny  the  words  f 

If  the  words  imputed  be  not  denied,  or  if  the  assem 
bly  decides  them  to  be  truly  reported,  the  member  is  at 
liberty  either  to  justify  them,  or  to  show  that,  as  he 
used  them,  they  are  not  liable  to  the  charge  of  being 
disorderly,  or  finally,  to  make  such  apology  as  is  due 
under  the  circumstances.  If  the  justification,  or  ex 
planation,  be  deemed  satisfactory,  or  the  apology,  if  he 
make  one,  acceptable,  there  the  matter  terminates ; 
and  he  is  permitted  to  resume,  and  go  on  with  his 
speech. 

217.  How  is  it  ascertained  whether,  or  not  the  assembly 
is  satisfied  with  the  justification,  or  explanation,  or  apol 
ogy,  whichever  it  may  be  ? 

Whether,  in  such  case,  the  assembly  is  satisfied,  or 


126  RULES   OF  ORDER. 

not,  is  known  by  their  silent  acquiescence:  the  pre 
sumption  being,  that  where  none  object,  all  agree. 

But  should  any  two  members  insist,  that  the  sense 
of  the  body  should  be  taken  on  the  character  of  the 
words,  or  on  the  guilt  or  innocence  of  the  person  using 
them,  the  member  must  withdraw  before  that  question 
is  stated.  After  his  withdrawal,  the  question  is  to  be 
taken,  and  the  penalty,  if  any,  fixed  by  a  vote  of  the 
assembly. 

218.  Must  the  complaint  against  a  member  for  using 
offensive  language,  be  entered  immediately  ? 

A  complaint  against  a  member  for  using  disorderly, 
or  offensive  words,  must  be  entered,  if  at  all,  at  the  time 
the  offence  is  given.*  This  is  a  most  necessary  rule,  for 
if  the  words  be  not  written  down  immediately,  mistakes 
will  occur,  and  no  security  will  be  afforded  to  any  one 
against  mistaken  or  malicious  charges  of  disorder. 

If,  therefore,  the  speech  of  another  member,  or  any 
other  business,  be  allowed  to  intervene  between  the 
time  of  using  the  words  alleged  to  be  disorderly,  and 
that  of  making  the  complaint,  such  complaint  is  not  to 
be  entertained. 

219.  /Suppose,  at  any  time,  the  presiding  officer  finds  it 
impossible,  ~by  calls  to  order,  or  appeals  to  the  meeting,  to 
restrain  a  member,  disposed  to  be  disorderly,  what  is  his 
last  resort  ? 

In  case  of  persistent  disorder,  on  the  part  of  a  mem 
ber,  it  is  the  duty  of  the  presiding  officer  to  designate 
by  name  the  person  so  behaving  and  so  bring  the  of 
fender  before  the  assembly. 

*  Compare  however  Jefferson  and  Cushing  on  this  point. 


ORDER   OF  DEBATE.  127 

220.  What  steps,  in  such  case,  may  the  assembly  take  ? 

The  assembly  may,  and  ought  to  require  the  mem 
ber,  thus  offending,  to  withdraw :  allowing  him,  how 
ever,  an  opportunity,  if  he  wishes  it,  to  explain,  or  ex 
culpate  himself.  Then,  after  a  statement  of  the  nature 
of  the  offense  from  the  President,  the  assembly  should 
decide  upon  the  punishment,  if  any,  due  to  the  trans 
gression. 

221.  Suppose  the  assembly,  generally,  persist  in  disorder, 
what  is  the  President  to  do  ? 

If,  after  proper  efforts  to  preserve  order,  there  is  a 
general  and  persistent  disregard  to  his  appeals  and  to 
the  character  and  claims  of  his  office,  his  obligation 
further  to  attempt  the  control  of  the  meeting,  of  course, 
ceases,  and  he  may,  therefore,  justly  abandon  the  as 
sembly  to  its  own  guidance  and  discretion. 

222.  What  rule,  if  any,  might  prevent  the  occurrence 
of  a  state  of  things  like  that  supposed  in  the  answer  to 
last  question! 

If  each  individual,  whether  officer  or  private  mem 
ber,  would  but  honestly  labor  to  aid  the  main  object 
of  the  meeting,  which  is,  or  ought  to  be,  the  elicitation 
of  truth  and  the  free  expression  of  the  ascertained  will 
of  the  body,  such  a  state  of  things  as  that  supposed, 
in  the  case  above,  would  certainly  never  occur.  The 
rules  of  order  which  have  been  stated  and  explained, 
in  the  preceding  pages,  will  be  found  sufficient,  if  duly 
observed,  to  secure  the  decent  and  orderly  transaction 
of  business  in  almost  any  deliberative  assembly,  provi 
ded  only  the  spirit  of  truth,  justice  and  courtesy  pre 
vail  among  its  members. 


SECTION  VIII. 

DEBATING     SOCIETIES. 

"REBATING  Societies,  wisely  conducted,  cannot  be 
•*-'  too  highly  commended.  They  are,  indeed,  excel 
lent  schools  ;  but,  like  all  other  schools,  good  or  bad, 
according  to  the  skill  and  intelligence  with  which  they 
are  managed.  To  make  them  at  all  subservient  to  the 
proper  design  of  their  institution,  the  exercises  in  them 
should  ever  be  regarded  as  important  business  trans 
actions.  They  will,  indeed,  always  yield  entertain 
ment;  but  any  view  of  their  character,  that  makes 
amusement  their  principal  design,  cannot  fail  materially 
to  diminish  their  utility. 

In  adopting  and  signing  a  written  Constitution,  each 
member  thereby  pledges  himself  to  meet  its  require 
ments.  It  is  a  contract,  promising  rewards,  but  im 
posing  obligations.  It  should,  therefore,  be  faithfully 
observed ;  for  one,  among  many  things,  that  may  be 
acquired,  or  strengthened,  in  a  society  of  this  kind,  is 
the  habit  of  being  punctual  in  the  performance  of 
duties.  He  that  habitually  violates  engagements,  vol 
untarily  assumed,  however  unimportant  they  may 
seem,  is  in  danger  of  falling  into  precisely  the  same 
practice  respecting  matters  of  higher  moment. 


DEBATING  SOCIETIES.  129 

In  respect  to  the  discussion  and  management  of 
questions  in  general,  we  have  elsewhere*  spoken; 
but  there  is  a  class  of  questions  frequently  coming  up, 
that  seem  specially  proper  to  be  noticed  in  this  place. 
I  mean  questions  relating  to  the  provisions,  limitations 
and  restrictions,  made  and  imposed  in  the  Constitution 
and  By-Lawsf  of  the  Society. 

Discussions  of  this  kind,  though  often  avoided,  as 
irksome  and  profitless,  are,  when  rightly  managed,  not 
only  interesting,  but  often  highly  beneficial.  They 
serve  to  induce  thought  in  relation  to  the  nature  of 
those  fundamental  laws  and  powers  in  a  community, 
under  which,  and  in  conformity  with  which,  all  other 
laws  and  powers  whatever  must  be  made  and  exer 
cised  :  dispelling  the  vagueness  that,  in  youthful  minds, 
almost  always  attaches  to  the  idea  of  a  Constitution, 
and  habituating  them  to  consider  the  various  distinc 
tions  and  relations  indicated,  when  we  speak  of  Con 
stitutional,  Legislative,  Judicial,  and  Executive  powers. 
It  must  not,  therefore;  be  thought  a  waste  of  time  prop 
erly  to  discuss,  interpret,  and  rigidly  apply  the  pro 
visions  and  requisitions  of  the  Constitution  and  the 

*  See  page  132. 

f  The  relation  of  By-Laws  to  the  Constitution  is  well  indicated 
in  the  derivation  of  the  term.  The  term  by-law  or  bye-law  is  made 
up  of  the  word  law,  and  the  Danish  by  or  bye,  which  means  a  town  : 
the  combination  meaning,  literally,  a  town-law.  Hence,  it  signifies 
generally,  a  special,  or  particular  law,  made  by  a  corporation,  or 
other  association  to  regulate  such  of  their  affairs  as  are  not  provided 
for  by  the  general,  or  constitutional  law  of  the  land.  By-laws,  there 
fore,  confer  no  new  powers,  but  rather  regulate  the  exercise  of 
those  already  in  existence.  For  the  form  of  a  Constitution  and  By- 
Laws  for  a  Debating  Society,  see  Section  XIY. 

6* 


130  DEBATING  SOCIETIES. 

By-Laws ;  for  out  of  this  practice  may  come  habits  of 
mind  of  the  highest  service  in  subsequent  life. 

Another  hint,  proper  here  to  be  given,  is,  that,  as 
the  object  of  the  Society  is  the  moral  and  intellectual 
improvement  of  its  members,  no  one  should  be  impa 
tient  of  criticism.  Candid  criticism  cannot  be  too 
highly  appreciated ;  that  criticism,  I  mean,  that  aims 
to  discriminate  between  the  right  and  the  wrong,  the 
good  and  the  bad,  the  beauties  and  the  deformities  of 
a  literary  performance.  Such  criticism,  and  none  other, 
should  ever  be  indulged,  should  be  sought,  not 
shunned ;  for  by  that  are  we  enabled  to  see  and  to  hear 
ourselves  somewhat,  as  others  see  and  hear  us,  and  so 
to  follow  more  closely  the  path  that  leads  to  improve 
ment. 

Were  it  necessary  to  produce  examples  illustrative 
of  the  beneficial  influence  of  debating  societies,  it  would 
be  no  difficult  task  to  cite  many  great  names, — names 
of  men  who,  in  early  life,  eagerly  availed  themselves 
of  the  advantages  of  organizations  of  this  nature.  The 
able  and  dignified  Lord  Mansfield,  for  instance,  found 
in  a  debating  society,  wherein  many  legal  questions 
were  discussed,  the  motive  to  those  extensive  and  ac 
curate  preparations  which,  in  subsequent  years,  be 
came  so  highly  valuable  in  his  illustrious  career. 

Edmund  Burke,  perhaps,  the  greatest  deliberative 
orator  that  ever  appeared  on  the  floor  of  the  British 
House  of  Commons,  is  known  to  have  sought  discip 
line  in  the  matter  of  public  speaking,  in  the  exercises 
of  a  debating  society. 

Charles  Fox,  who,  according  to  Burke,  rose  "by 
slow  degrees  to  be  the  most  brilliant  and  accomplished 


DEBATING  SOCIETIES.  131 

debater  the  world  ever  saw,"  was  so  sensible  of  tlie 
advantage  of  regular  and  frequent  practice,  that  he  ac 
tually  turned  the  House  of  Commons  into  a  sort  of 
Debating  Club  for  his  own  personal  benefit ;  that  is, 
he  often  entered  earnestly,  as  he  himself  confesses,  into 
the  discussion  of  questions  which  involved  for  him  no 
other  or  higher  interest  than  that  of  affording  discipline 
in  debate. 

Curran,  the  most  unpromising  of  all  aspirants  after 
fame  in  oratory,  (Demosthenes  not  excepted,)  derived 
from  debating  societies  the  stimulus  and  the  discipline 
by  which,  in  great  measure,  he  ultimately  took  rank 
among  the  first  of  orators.  Awkward  and  ungainly 
in  gesture,  hasty  and  inarticulate  in  utterance,  he  la 
bored  long  and  labored  hard,  with  no  other  result,  ap 
parently,  than  that  of  earning  the  titles,  "  Stuttering 
Jack"  and  "  Orator  Mum"  But  his  failures  were  really 
only  so  many  pledges  of  success ;  for  the  process  of 
improvement,  silent,  but  sure,  was  all  the  while  going 
steadily  on. 

Henry  Clay,  a  name  that  at  once  awakens  the  recol 
lection  of  everything  that  is,  either  forceful,  or  fascinat 
ing  in  deliberative  eloquence,  gained,  as  is  well  known, 
no  small  advantage  from  his  active  participation  in  the 
exercises  of  a  debating  society. 

But  further  specification  is  needless.  Eeason  and 
experience  alike  attest  the  value  of  well-regulated 
bodies  of  this  description;  and  he  is  not  wise,  who  dis 
regards  testimony  so  important  and  so  conclusive. 


SECTION    IX. 

MANAGEMENT     OF     A     QUESTION. 

JN"  all  cases,  where  time  is  allowed  for  the  study  of  a 
question  previously  to  its  actual  discussion,  it  is,  of 
course,  the  dictate  of  wisdom  to  consider  carefully  be 
forehand  how  it  should  be  managed. 

Discussion  *  implies  thorough  investigation.  It  can 
not  be  effected  without  labor ;  but,  when  properly  done, 
it  amply  repays  the  laborer,  by  establishing  in  him 
those  habits  of  inquiry  and  discrimination,  which  are 
constantly  demanded  in  the  questions  of  real  life.  In 
order  to  aid  the  young  debater  in  the  work  of  prepara 
tion,  we  offer  the  following  general  directions,  f 

Of  all  the  sources  of  idle  discussion,  imprecision  in 

*  The  word  discussion,  is  from  the  Latin  discutio,  which  is  itself 
made  up  of  DIS,  apart,  and  QUATIO,  to  shake :  signifying,  of  course,  the 
shaking  apart,  that  is,  the  thorough  sifting,  or  examination  of  a  sub- 
ject. 

f  These  directions,  though  they  embrace  some  things  that  have 
regard  to  the  manner  and  bearing  of  a  debater  towards  his  opponent, 
do  not,  and  are  not  intended  to  cover  the  ground  occupied  by  what 
is  usually  treated  of  under  the  head  of  the  "  Order  of  Debate."  For 
remarks,  therefore,  on  the  use  of  personalities  and  other  indecorous 
conduct  in  debate,  see  page  123  and  following. 


MANAGEMENT  OF  A  QUESTION.  133 

the  use  of  language  is,  perhaps,  the  most  prolific. 
Hence,  the  first  step  towards  the  right  management  of 
a  question,  is  to  clear  it  of  all  verbal  obscurity,  that  is, 
put  it  in  language  the  plainest  and  most  precise  practi 
cable. 

But  a  question  may  be  stated  in  a  manner  sufficient 
ly  intelligible,  and,  after  all,  be  misunderstood,  or  not 
understood  at  all,  for  want  of  reasonable  regard  to  the 
meaning,  or  application  of  particular  terms.  -A  second 
direction,  therefore,  not  less  important  than  the  first,  is 
to  ascertain  by  study  the  exact  signification  of  every 
leading  term  in  the  question.  Dr.  Watts,  in  speaking 
on  this  subject,  says : — "  This  is  so  necessary  a  thing, 
that,  without  it,  men  will  be  exposed  to  such  sort  of 
ridiculous  contests,  as  was  found  one  day  between  two  un 
learned  combatants,  Sartor  and  Sutor,  who  assaulted  and 
defended  the  doctrine  of  Transubstantiation  with  much 
zeal  and  violence.  But  Latino  happening  to  come  into 
their  company,  and  inquiring  the  subject  of  their  dis 
pute,  asked  each  of  them  what  he  meant  by  that  long, 
hard  word  Transubstantiation.  Sutor  readily  informed 
him,  that  he  understood  it  bowing  at  the  name  of  Jesus. 
But  Sartor  assured  him,  that  he  meant  nothing  but  bow 
ing  at  the  high  altar.  'No  wonder,'  then  said  Latino, 
'  that  you  cannot  agree,  when  you  neither  understand 
one  another,  nor  the  word  about  which  you  contend.' " 

The  world  has  always  been  full  of  Sartors  and  Su- 
tors,  that  is,  people  fond  of  debate,  but  often  "under 
standing  neither  what  they  say,  nor  whereof  they  af 
firm."*  He  that  will  not  study  to  avoid  their  error, 
can  never  reasonably  hope  to  be  a  good  debater. 

*  1  Timothy,  ch.  i.,  v.  9. 


134  MANAGEMENT   OF  A  QUESTION. 

Another  direction,  which  has  often  been  given,  but 
which  cannot  be  too  earnestly  inculcated,  is  to  ascer 
tain  precisely  the  aim  of  the  question,  and  keep  it  al 
ways  steadily  in  view.  Digression  is  the  ignis  fatuus 
of  discussion.  It  misleads  by  the  appearance  of  utility : 
luring  the  mind  into  devious  paths,  and  dissipating  its 
powers  in  idle  pursuit.  We  should  guard  against  it 
in  ourselves,  because  it  is  hostile  to  the  best  exercise 
of  the  reasoning  faculty.  We  should  guard  against  it 
in  others,  because  it  wastes  time,  fatigues  an  audience, 
and — sometimes  by  chance,  sometimes  by  design — 
defeats  the  only  proper  end  of  discussion — the  elicita- 
tion  of  truth. 

The  language  of  the  question  being  clear,  and  clearly 
understood,  and  the  precise  point  of  investigation  fairly 
before  the  mind,  the  next  thing  is  to  consider  care 
fully  what  may  be  said  on  both  sides.  Assume,  for 
the  time  being,  the  position  of  an  opponent ;  endeavor 
to  produce  and  appreciate  at  its  full  value,  every  argu 
ment  likely  to  be  employed  against  you,  and  so  com 
pare  in  detail  the  strength  and  resources  of  your  own 
side  with  those  of  your  adversary. 

This  will  prevent  you  from  being  suddenly  surprised 
by  the  presence  and  power  of  unexpected  arguments, 
and  give  you  all  the  advantage  of  seeming  to  know 
beforehand  what  is  coming  out  on  the  opposite  side. 
It  will  inspire  respect  in  your  adversaries,  and  impart 
caution  to  their  modes  of  attacking  your  positions,  and 
so  leave  on  the  minds  of  the  audience  the  silent,  but 
strong  impression  of  probability,  as  belonging  to  what 
you  affirm. 

If  it  be  necessary  to  elucidate,  or  confirm  your  views 


MANAGEMENT  OF  A  QUESTION.  135 

by  reference  to  history,  geography,  statistics,  or  any 
thing  else  derivable  from  books,  be  accurate,  to  the 
last  degree,  in  whatever  you  quote  or  state,  as  matter 
of  fact.  This  is  a  most  important  precept.  Minute 
accuracy  begets  confidence.  It  lends  to  the  speaker 
the  charm  of  reliability.  Many  a  man  who  has  no 
other  merit  scarcely,  is  always  heard  with  decided  in 
terest,  because  he  is  known  to  be  scrupulously  exact 
in  his  statements. 

Having  duly  considered  the  question,  and  collected 
all  the  materials  which  you  propose  to  employ  in  the 
debate,  the  next  thing  is  to  arrange  them  to  the  best 
advantage.  "  Every  mind,"  says  an  able  writer,  "  in 
stinctively  requires  order,"  and  to  this  we  add,  that 
no  man  can  ever  succeed,  as  an  orator,  who  disregards 
this  instinct  of  our  nature.  What  particular  order,  how- 
aver,  shall,  in  any  given  case,  be  adopted,  must,  as  a 
matter  of  course,  be  left  to  your  own  discretion.  What 
ever  it  is,  let  it  be  clear ;  and,  when  once  indicated,  ad 
here  to  it  throughout.  This  will  enable  your  hearers 
to  follow  you  with,  ease,  to  remember  your  positions, 
and  measure  accurately  the  force  of  your  arguments. 

Another  direction,  that  will  be  found  extremely  use 
ful,  if  duly  regarded,  is,  always  to  treat  the  arguments 
of  your  opponents  with  fairness  and  courtesy.  Nothing 
is  ever  gained  by  affecting  to  treat  what  is  said  by 
those  opposed  to  you,  with  disdain,  or  by  perverting 
their  views,  or  by  seeking  to  undervalue  their  force. 

The  better  way  always  is  to  allow  what  is  due  to 
the  opposite  side,  and  show,  if  possible,  its  weakness 
by  clear,  forcible,  and  convincing  argumentation. 
There  is  force  in  fairness ;  for  it  implies  a  love  of  truth. 


136  MANAGEMENT  OF  A  QUESTION. 

There  is  power  in  politeness ;  for  it  moves  the  heart, 
and  begets  the  impression  of  a  generous  adversary. 

The  last  precept  which  we  shall  here  endeavor  to 
inculcate,  is  always  to  seem  sincere  in  the  search  after 
truth.  In  order,  however,  to  seem  sincere,  you  must 
really  be  so  ;  for  sincerity  is  a  coin  hard  to  be  counter 
feited.  Be  the  copy  ever  so  skillfully  executed,  it  will 
always  fall  far  short  of  the  original,  and  always,  con 
sequently,  be  more  or  less  liable  to  detection. 

Every  hollow  profession,  when  once  fairly  detected, 
is  justly  treated  as  an  act  of  imposition.  Even  the 
suspicion  of  insincerity  is  prej  ndicial,  in  the  highest 
degree,  if  not  absolutely  fatal,  to  the  influence  of  a 
public  speaker.  In  debate,  therefore,  as  in  all  the  other 
transactions  of  life,  the  maxim  is  fully  verified, — "  Hon 
esty  is  the  best  policy." 

But  a  most  serious  hinderance  to  the  virtue  which 
we  are  here  commending,  is  found  in  obstinacy, — a 
quality  usually  in  close  alliance  with  ignorance  and 
vanity.  Goldsmith's  country  schoolmaster  is  a  char 
acter  which,  in  the  feature  now  under  notice,  is  often 
realized  in  all  human  circles  and  professions  : — 

"  In  arguing,  too,  the  parson  owned  his  skill, 
For,  e'en  though  vanquished,  he  could  argue  still." 


SECTION   X. 

DEBATES     IN     FULL. 

UNDER  this  head  we  here  insert  a  couple  of  debates, 
for  the  purpose  of  affording  a  sort  of  practical  il 
lustration  of  the  mode  of  conducting  a  public  discuss 
ion.  They  are,  however,  in  no  sense  set  up  as  mod 
els,  in  respect  to  style,  expression,  or  logic.  Theirs  is 
an  humbler,  though  a  useful  aim.  They  are  designed 
simply  to  impart,  or  indicate  something  of  the  form  and 
spirit  of  those  real  transactions  which  almost  daily  oc 
cur  in  deliberative  assemblies.  They  are  merely  sug 
gestive. 

These  debates  may  be  used  as  exercises  in  declama 
tion,  each  speaker  being  represented  by  a  different  per 
son.  In  such  case,  moreover,  the  speakers  might  be 
encouraged  to  add  to,  or  amplify  the  arguments  and 
illustrations  in  their  several  parts,  and  so  give  a  sort  of 
original  interest  to  the  exercise.  Especial  care  should 
be  taken  to  preserve  the  formalities  and  the  decorum 
proper  to  the  occasion ;  for  these  are  things  that  be 
come  familiar  only  by  practice. 


DEBATES    IN    FULL. 


DEBATE. 

WHICH  IS  THE  MOKE  PERNICIOUS  CHARACTER,  THE 
SLANDERER  OR  THE  FLATTERER? 

FIRST    SPEAKER. 

Mr.  President, — It  will  not,  I  hope,  be  thought  cap 
tious  in  me,  if  I  venture  to  intimate  my  doubts  about 
the  wisdom  of  proposing  such  a  question,  as  that  which 
is  to  form  the  topic  of  this  discussion.  If,  in  so  doing, 
I  should  be  considered  as  intentionally  impugning  the 
judgment,  or  wounding  the  feelings  of  those  whose 
province  it  is  to  furnish  us  with  subjects  of  debate,  I 
should  be  sadly  misinterpreted.  I  beg  leave,  therefore, 
in  the  outset,  to  disclaim  any  and  every  purpose  of  dis 
paragement,  that  might  be  inferred  from  the  position 
which  I  take  on  the  present  occasion. 

Evil  speaking,  sir,  which  is  the  Bible  expression  for 
slander,  is  a  crime  of  the  darkest  character ;  so  much 
more  heinous  than  flattery,  that  it  seems  almost  like 
sharing  in  the  guilt  of  slander  to  assume,  as  this  ques 
tion  does,  that  the  two  things  differ  from  each  other  so 
slightly,  as  to  make  it  difficult  to  determine  their  com 
parative  iniquity  and  enormity. 

Slander,  Mr.  President,  is  among  the  most  cruel,  as 
it  certainly  is  among  the  most  criminal  things  in  the 
world.  It  justly  ranks,  in  the  common  estimation,  with 
theft  and  with  murder ;  and  often,  therefore,  in  meta 
phor,  does  it  bear  these  odious  names.  Nothing,  ac 
cordingly,  is  more  common,  even  in  prose,  to  say  no 
thing  of  poetry,  than  such  expressions  as,  "to  rob  one 


THE   SLANDERER  AND  THE   FLATTERER.          139 

of  his  good  name,"  "to  stab  one's  reputation:"  steal 
ing,  stabbing  and  slandering  being,  it  would  seem, 
closely  allied  in  guilt,  and  naturally  associated  in  the 
mind. 

Though  these,  sir,  are  my  views  of  slander,  I  would 
not,  on  that  account,  have  you  imagine,  that  I  stand 
here  as  the  apologist  of  flattery.  On  the  contrary,  I 
am  prepared,  on  every  proper  occasion,  to  condemn 
this  latter  vice  in  terms  quite  as  severe  as  the  most 
rigid  moralist  could  either  wish,  or  require. 

.Still,  sir,  that  would  not  prove  the  justice  of  the 
comparison  here  instituted.  Flattery  is  bad ;  slander 
is  bad ;  but  are  they  equally  bad,  or  so  nearly  alike  in 
power  for  mischief,  as  to  warrant  serious  doubts  about 
their  comparative  malignity  ?  Certainly  not. 

In  the  flatterer,  generally,  you  find  no  evil  intent. 
His  conduct  exhibits  weakness,  rather  than  wickedness ; 
weakness  deplorable,  indeed,  but  not  altogether  unami- 
able.  In  the  slanderer,  on  the  contrary,  you  may 
always  detect  the  presence  of  malignant  principle, — the 
pointed,  premeditated  purpose  to  work  the  ruin  of 
character.  Like  the  race  whose  wickedness  brought 
destruction  by  the  flood,  "  every  imagination  of  the 
thoughts  of  his  heart  is  only  evil  continually."* 

Even  in  their  mildest  developments,  these  two  char 
acters  differ  immeasurably.  There  is  a  flattery,  mov 
ing  gently,  and  only  by  implication  ;  there  is  a  slander, 
moving  secretly,  and  only  by  insinuation.  The  former 
is  delicate,  not  venturing  to  appear  in  words.  The 
latter  is  cunning,  not  daring  to  deal  in  direct  accusa- 

*  Genesis,  ch.  vi.,  v.  5. 


140  DEBATES   IN  FULL. 

tion.  The  one  is  cheerful,  and  hopes  to  win  by  the 
appearance  of  admiration.  The  other  is  grave,  and 
calculates  to  succeed  by  an  air  of  mystery.  In  the 
one,  you  see  the  semblance  of  deference  and  candor ; 
in  the  other,  you  observe  the  look  of  shrewdness  and 
watchful  suspicion.  The  one  bows,  it  may  be,  with 
simulated  reverence;  the  other  shrugs  the  shoulder, 
and  labors  to  act  out  the  villany  which  he  has  not  the 
courage  to  utter. 

But,  sir,  I  feel  that,  in  pursuing  this  comparison,  I 
am,  as  it  were,  doing  violence  to  reason  :  undertaking 
to  force  the  application  of  a  standard  which  is  obviously 
illiberal  and  unjust.  To  me,  the  question  seems  not 
only  far-fetched,  but  absurd.  It  is  comparing  moun 
tains  with  mole-hills.  It  is  asking  whether  the  bite 
of  a  flea  is  more  fatal  than  that  of  a  mad  dog ;  whether 
the  mosquito  infuses  a  poison  more  subtle  and  deadly 
than  that  of  the  rattlesnake  ;  whether  flakes  of  fleecy 
snow,  gently  falling  on  the  traveller's  head,  are  more 
terribly  destructive  than  the  weight  and  might  of  the 
irresistible  avalanche. 

It  may  be,  sir,  that  I  am  mistaken  in  this  view  of 
the  case.  If  so,  I  hope  soon  to  be  enlightened.  But, 
with  my  present  convictions,  right  or  wrong,  I  can 
see  nothing  to  dispute  about.  There  is  no  debatable 
ground  in  the  question ;  at  least,  so  it  seems  to  me, 
and,  for  that  reason,  I  shall  take  my  seat,  and  wait,  as 
befits  me,  the  issue  of  that  light,  whencesoever  it  may 
come,  that  is  destined  to  confirm,  or  overthrow  the 
conclusion  I  have  reached. 


THE  SLANDERER  AND  THE  FLATTERER.         141 


SECOND    SPEAKER. 

Mr.  President, — The  gentleman  to  whom  we  have 
just  listened,  finds,  it  seems,  no  sufficient  ground  of 
comparison  between  slander  and  flattery.  He  won 
ders,  why  such  a  question  should  ever  have  been  in 
troduced,  and  seems  really  afraid,  lest,  by  the  formal 
discussion  of  it,  our  reputation,  if  not  for  sanity,  at 
least  for  soundness  of  judgment,  may  be  seriously  im 
paired. 

I  do  not,  sir,  I  must  say,  share  with  him  in  his 
amiable  solicitude,  and,  therefore,  hope  sincerely  that 
this  debate,  which  he  so  much  deprecates,  may,  at 
least,  prove  equal  to  the  task  of  removing  all  his  pain 
ful  forebodings. 

I  am  far,  sir,  from  thinking  with  him,  that  slander 
and  flattery  are  divided  by  such  immeasurable  dissim 
ilarity.  With  him,  flattery  wears  many  objectionable 
features ;  but,  after  all,  she  is  not  utterly  vile.  There 
is,  he  appears  to  think,  something  of  fascination  in  her 
air,  something  of  sweetness  in  her  tones  and  modula 
tions,  nay,  something  even  of  benevolence  in  her  dis 
position,  which  wonderfully  atones  for  all  her  defects 
and  delinquencies. 

In  slander,  however,  he  finds  nothing  but  evil,  un 
mixed  and  unmitigated.  It  is  to  him  what  Polyphemus 
was  to  the  terrified  Trojans, — 

"Monstrum  horrendum,  informe,  ingens."* 

Now,  sir,  I  am  inclined  to  regard  this  view  of  the 
*  A  monster  terrible,  deformed,  and  huge, 


142  DEBATES  IN  FULL. 

case,  as  hasty  ;  founded  rather  in  first  impressions  and 
particular  prejudices,  than  in  any  careful  and  profound 
analysis  of  the  things  themselves.  Flattery  seems,  so 
to  speak,  to  have  struck  his  fancy.  He,  accordingly, 
views  her  only  in  the  distance,  and;  as  here,  as  else, 
where,  "  distance  lends  enchantment  to  the  view,"  he 
is  captivated  with  the  semblance  of  excellence,  or,  at 
least,  softened  by  the  smiling,  but  deceptive  aspect  of 
truth  and  candor,  which  she  wears. 

But,  sir,  be  not  deceived.  Bring  this  fair  creature 
into  nearer  view.  Take  off  her  smooth  disguises,  and 
resolve  all  her  plausibilities  into  plain  matter  of  fact ; 
then  place  her  side  by  side  with  slander,  and  you  will 
be  astonished  to  find  in  these  two  characters,  not  only 
similarity,  but  absolute  identity.  Both  originate  in 
the  spirit  of  deception.  Alike  in  essence  and  in  aim, 
they  go  forth,  differing  only  in  outward  accidents  and 
circumstances,  deceiving,  and  to  deceive  continually. 

It  is  idle,  then,  sir,  to  dwell  upon  the  pleasing  as 
pects  of  flattery,  as  constituting  higher  claims  to 
innocence  than  those  that  may  be  urged  in  favor  of 
slander.  These  seductiye  charms,  rightly  interpreted, 
are  only  so  many  withering  blasts  of  testimony  against 
her.  Is  the  poison  which  is  sweet  less  fatal  than  that 
which  is  bitter  ?  "Was  the  bite  of  the  asp,  though  it 
worked  by  slow  degrees,  and  gentle  stupefaction,  less 
fatal  to  Cleopatra,  than  would  have  been  that  of  the 
more  malignant  adder,  which  advances  by  rapid  steps 
and  violent  convulsions  ? 

But  again,  sir,  I  say,  be  not  deceived.  If  flattery  is 
to  be  excused,  or  palliated  on  the  ground  of  external 
appearances,  I  am  for  extending  the  same  favor  to 


THE  SLANDERER  AND  THE  FLATTERER.          143 

slander.  /£,  also,  lias  its  fair  side,  its  ingenuous  air, 
its  agreeable  professions. 

The  slanderer  is  no  novice  in  the  arts  of  pretension. 
He  covers  his  iniquity  in  the  most  judicious  and  skill 
ful  manner.  If  there  be  merit  in  a  mask,  he  is  fully 
equal  to  the  flatterer  in  the  ease  and  dexterity,  with 
which  he  assumes  and  wears  that  article.  He  has  the 
show  of  public  virtue.  He  affects  to  believe  what  he 
affirms,  and  for  the  sake  of  others,  he  seems  ready  to 
risk  the  perils  that  ever  belong  to  the  exposer  of  vicious 
persons.  His  position  is  that  of  a  friend  warning  us 
against  danger.  He  often  leads  us  to  regard  him  as 
the  best  friend  of  virtue,  because  he  appears  to  be  the 
most  fearless  denouncer  of  vice.  In  short,  he  plays 
the  hypocrite.  But  this  is  exactly  what  the  flatterer  is 
doing  all  the  while ;  and,  in  this,  if  he  excels  the  slan 
derer,  he  thereby  only  proves,  that,  for  all  the  purposes 
of  mischief,  he  is  more  facile  and  fertile  in  expedients. 

I  have  thus,  sir,  I  hope,  shown  you,  that  slander  and 
flattery,  so  far  from  being  utterly  unlike,  are  really 
identical  in  essence,  and  alike,  also,  in  some  of  their 
more  important  manifestations.  If  this  be  so,  then  is 
the  question  before  us  not  liable  to  the  critical  objec 
tions,  which  have  been  started  against  it, — then  may 
we  proceed,  in  the  discussion,  without  serious  appre 
hension  about  the  safety  of  our  reputation  for  judg 
ment  and  discrimination. . 

Having  disposed  of  the  gentleman's  cavils  and  argu 
ments,  as  best  I  could,  I  beg  leave  to  close  my  remarks 
by  directing  your  attention  to  one  peculiar  trait  of  the 
flatterer,  wherein  he  seems  to  me  to  surpass  incompar 
ably  every  degree  of  enormity,  of  which  the  most  will- 


144  DEBATES  IN  FULL. 

ful  slanderer  is  capable.  It  is  this :  the  slanderer  at 
tacks,  perhaps  ruins,  your  reputation  ;  but  the  flatterer 
assaults,  and  is  most  certain  to  destroy  your  character. 
Character,  you  know,  sir,  is  what  we  are  ;  reputation 
what  we  seem,  or  are  said  to  be. 

The  slanderer  seeks  to  injure  us  in  the  estimation 
of  others.  He  often  succeeds  in  his  purpose ;  but,  if 
we  are  guiltless  of  his  charges,  if  we  are  really  pure  in 
heart  and  pure  in  hand,  though  our  reputation  may  be 
injured,  our  character  is  still  unhurt.  We  have  the 
mens  conscia  recti,  the  mind  conscious  of  the  right, 
which  enables  us  to  rejoice  even  in  the  midst  of  suf 
fering.  Aristides  was  driven  from  his  native  country 
by  a  successful  assault  upon  his  reputation,  and  Soc 
rates  drank  the  fatal  hemlock,  because  of  similarly  foul 
aspersions  ;  but  both  being  pure  in  character,  and  strong 
in  conscious  virtue,  the  one  only  prayed,  that  his  coun 
try  might  never  be  in  circumstances  to  need  his  return, 
while  the  other,  instead  of  quailing  under  the  near  ap 
proach  of  death,  calmly  assured  his  infatuated  judges, 
"  that  an  honest  man  needs  to  fear  no  evil,  either  in  this, 
or  the  future  life" 

But,  sir,  the  flatterer  aims  at  a  nearer  and  a  dearer 
object.  He  studies  out  "the  soft  approaches  of  the 
heart,"  watches  its  weaker  inclinations,  and  gently  in 
sinuates  the  baneful  seeds  of  vanity.  By  this  subtle 
process,  the  understanding  is  gradually  darkened,  the 
judgment  is  warped,  conceit  is  taken  for  actual  attain 
ment,  and  all  the  foundations  of  solid  worth  are  effect 
ually  undermined.  Thence  comes  the  custom,  and 
out  of  that  the  habit,  of  seeking  in  pretension  a  sub 
stitute  for  possession,  accepting  the  praise,  without 


THE  SLANDERER  AND  THE  FLATTERER.          145 

having  the  reality  of  merit,  and,  in  a  word,  relying  for 
success  and  for  satisfaction  on  a  reputation  unsupport 
ed  by  correspondent  character, — the  shadow,  instead 
of  the  substance,  of  virtue. 

This,  sir,  is  the  legitimate  consequence  of  successful 
flattery.  If  slander  tarnish  our  good  name,  we  may 
hope  to  brighten  it  again  by  dint  of  good  living ;  but 
if,  by  the  hand  of  flattery,  however  fair,  however  deli 
cate,  the  fountains  of  good  living  be  themselves  roiled 
and  poisoned,  whence,  O  whence,  shall  the  deluded 
soul  look  for  the  means  of  retrievement  ? 


THIRD    SPEAKER. 

Mr.  President, — I  listened  with  pleasure  to  the  mem 
ber  who  has  just  addressed  us ;  but  not  with  the  pleas 
ure  that  results  from  satisfaction  with  a  sound  course 
of  argument.  If  clearness  of  diction  were  always  sy 
nonymous  with  soundness  of  logic,  I  should  doubtless  be 
tempted,  by  the  seemingly  transparent  view  of  the  case, 
which  ne  has  presented,  to  yield  the  position  which  he 
claims  in  this  discussion. 

He  assumes,  without  a  shadow  of  proof,  that  all 
flattery  is  designed  to  do  mischief.  It  is  by  this  as 
sumption,  in  great  measure,  that  he  is  enabled  to  com 
plete  his  view  of  the  absolute  identity  of  slander  and 
flattery.  But  for  this,  the  parallel  would  not  hold  out. 

Now,  sir,  here  I  must  take  issue  with  him.  I  deny, 
that  flattery  uniformly  aims  at  mischief  to  the  party 
flattered.  On  the  contrary,  nothing  can  be  more  certain, 
than  that,  in  most  cases,  as  intimated  by  the  opening 
speaker,  the  motive  of  the  flatterer  is  a  kind,  a  benev- 

7 


146  DEBATES   IN   FULL, 

olent  one.  I  do  not  say, — I  do  not  mean  to  say,  that 
this  is  the  best,  or  even  a  good  way,  01  exercising  kindly 
feeling.  I  merely  note  the  fact. 

If  this  be  so,  and  I  see  not  how  it  can  be  reasonably 
controverted,  then,  sir,  the  argument  derived  from  it 
remains  yet  unanswered.  And  that  argument  seems 
to  me  quite  irresistible :  for  the  notion  of  kindly  in 
tention  is  altogether  incompatible  with  the  idea  of 
slander.  In  a  thousand  ways,  may  flattery  be  employ 
ed,  with  comparative  innocence,  if  not  with  positive  ad 
vantage  ;  in  not  one  is  it  possible  to  conceive  of  slander 
without  guilt  of  the  deepest  dye. 

The  mother,  watching  with  fond  anxiety  the  first 
efforts  of  her  child  to  walk,  to  sing,  to  read,  to  do  any 
thing  yet  unlearned  or  unattempted,  may  innocently, 
we  should  think,  encourage  hope  and  stimulate  exer 
tion  by  the  use  of  flattering  words.  The  teacher  whose 
task  is  to  study  all  those  arts,  by  which  the  youthful 
mind  is  roused  to  energy  and  perseverance  in  the  pur 
suit  of  knowledge,  can  hardly  be  denied  the  agency  oi 
flattering  expressions  of  approbation  in  the  prosecution 
of  his  arduous  duties.  Shall  the  generous  youth,  am 
bitious  of  high  civil  or  military  distinction,  no  longer 
find  encouragement  in  the  song  of  grateful  adulation, 
or  the  speech  that  deals  in  lofty  panegyric  ?  Shall  all 
the  agreeable  courtesies  of  society  be  forever  relin 
quished,  because  they  are  denounced  as  the  offspring 
of  flattery? 

It  is  not,  then,  sir,  too  much  to  assume,  that  flattery 
is  frequently  found  not  a  little  beneficial  in  its  opera 
tion.  It  may,  it  is  true,  be  employed  for  wicked  pur 
poses;  but  that,  sir,  may  be  affirmed  of  almost  every 


THE   SLANDERER  AND  THE  FLATTERER.         147 

thing.  We  do  not  surely  require  to  be  reminded,  that 
the  abuse  of  a  thing  is  not  to  be  taken  as  an  argument 
against  the  legitimate  use  of  it.  That  which,  rightly 
used,  is  known  to  be  a  wholesome  food  or  an  efficacious 
remedy,  is  often  equally  well  known  to  be,  in  rash  or 
ignorant  hands,  a  most  deadly  poison. 

The  gentleman  dwells  upon  the  seductive  arts  of 
flattery,  the  engaging  manner  which  she  assumes,  in 
order  to  accomplish  her  purposes.  Well,  in  that  he 
is  certainly  right.  She  is  doubtless  fair  in  form,  and 
in  possession  of  many  attractive  graces.  But  is  not 
this  an  odd  sort  of  objection  ?  Without  these  arts  and 
graces,  would  she  be  flattery  at  all  ?  If  his  objection, 
therefore,  be  resolved  into  its  ultimate  essence,  it  will 
be,  that  he  objects  to  flattery,  because  it  is  flattery. 
So  do  we  all ;  but  what  has  that  to  do  with  the  imme 
diate  question  before  us  ? 

But  his  design  evidently  is  to  gain  something,  in  this 
argument,  by  lingering  upon  the  false,  though  fair,  fea 
tures  of  flattery,  as  though  slander  were  a  creature  of 
honest  countenance,  and  manly  bearing,  and  altogether 
above  petty  deceptions.  But  what,  sir,  is  the  reality 
of  the  case  ?  Does  the  gentleman  require  again  to  be 
informed,  that  slander  is  quite  as  plausible  as  flattery? 

When  lago  proceeds  to  awaken  the  cruel  suspicions 
of  Othello,  what  guise  does  he  assume  but  that  of 
friendship  ?  The  odious  mask  of  friendship,  so  well  pre 
served  in  the  character  of  lago,  is  scarcely  less  revolting 
to  our  better  feelings,  than  the  foul  aspersions  which  he 
breathes,  or  insinuates  against  the  guiltless  Desdemona. 
This  scene,  in  the  great  Dramatist,  is  realized  every 
day  in  the  actual  drama  of  life.  "  What  God  hath 


148  DEBATES  IN   FULL. 

joined  together,  let  no  man  put  asunder,"  is  the  sol 
emn  injunction  of  Holy  Writ ;  but  here  is  a  creature, 
in  form,  a  man,  in  fact,  a  demon,  who,  regardless  alike 
of  the  laws  of  earth,  and  the  prohibitions  of  Heaven, 
takes  the  guise  of  disinterested  friendship,  and,  under 
that  guise,  works,  by  the  excitation  of  rage  and  jeal 
ousy,  the  utter  dissolution  of  the  marriage  bond,  and 
the  utter  destruction  of  helpless  innocence. 

Yet,  the  gentleman  talks  about  the  fair,  but  decep 
tive  forms  of  flattery.  What  form,  sir,  more  fair,  or 
more  deceptive,  can  the  flatterer  assume,  than  that  of 
the  viperous  lago,  when  he  worked  upon  the  suspicions 
of  the  jealous  Moor  ? 

But,  sir,  I  see  the  slanderer  in  other  scenes.  Here 
is  a  youth,  high  in  promise,  elate  in  spirits,  breathing 
all  the  fullness  and  freshness  of  early  hope.  He  is 
honest,  active,  intelligent,  industrious,  competent  every 
way.  He  has  ventured  to  establish  a  business  of  his 
own.  He  has  labored  long  and  assiduously,  for  one  so 
young,  to  deserve  the  confidence  of  his  fellow-men. 
This  only  he  needs  to  secure  success  in  his  new  under 
taking.  But  he  has  competitors.  These,  if  only  the 
rivalry  were  generous,  might  serve  rather  to  energize 
than  to  enfeeble  his  efforts. 

But  there  is  one  who  is  determined  to  defeat  him. 
All  at  once,  in  a  quarter  vital  to  his  prosperity,  some 
adverse  influence  begins  to  operate.  What  can  it  be, 
that  thus  secretly  affects  his  credit  ?  What  oversight 
in  trade,  what  imprudence  in  expenditure,  what  ap 
pearance  of  extravagance,  has  been  discovered,  o?  im 
agined  ?  Why,  why  are  the  former  facilities  so  sud 
denly,  so  absolutely,  cut  off?  These  questions  start 


THE   SLANDERER  AND  THE  FLATTERER.          149 

up  in  the  doubting,  disappointed  soul.  They  harass 
by  day ;  they  make  sleepless  his  night ;  they  wound 
his  pride;  they  crush  ambition;  they  generate  all 
gloomy  imaginings ;  and  when,  perchance,  the  hour 
of  reparation  is  forever  past,  all  at  once  he  learns,  that 
what  eluded  his  search,  though  it  ruined  his  business, 
was  nothing  more  nor  less  than  the  poisonous  breath 
of  the  secret  slanderer. 

In  this  latter  case,  as  in  the  former,  sir,  the  slanderer 
is  supposed  to  operate  successfully,  only  because  of 
an  ingenious  mask.  He  would  guard  a  friend  against 
the  snares  of  an  unworthy  debtor ;  he  had  no  secret 
grudge,  or  evil  motive  of  any  kind ;  not  he.  It  was 
pure,  disinterested  friendship.  This  was  the  pretense, 
the  smooth  outside,  which  the  treacherous  transaction 
was  made  to  assume. 

Now,  sir,  since  this  matter  of  appearances  has  been 
so  prominently  urged,  I  insist  upon  your  comparing 
these  disguises  of  slander  with  those  attributed  to  the 
flatterer.  Are  those  of  the  former  less  ingenious,  less 
imposing,  less  effective  any  way,  than  those  of  the 
latter?  I  leave  your  own  judgment,  your  own  con 
science,  to  answer. 

I  might,  Mr.  President,  proceed  to  give  other  illus 
trations  of  this  point ;  but  I  feel  it  to  be  unnecessary. 
I  am  satisfied  that  you  will,  and  must,  agree  with  me 
in  the  conclusion,  that  whatever  covering  they  may 
put  on,  whatever  air  they  may  assume,  whatever  lan 
guage  they  may  adopt,  these  two  odious  characters 
differ  from  each  other  most  widely,  in  this,  that  the 
slanderer  far  outstrips  the  flatterer  in  the  production 
of  deep  and  lasting  detriment. 


150  DEBATES   IN   FULL. 


FOURTH    SPEAKER. 

Mr.  President, — The  considerations  offered  by  the 
last  speaker  certainly  seem  somewhat  forcible.  Their 
force  is,  however,  I  think,  mainly  apparent.  It  grows 
rather  out  of  a  certain  ingenuity  of  statement,  than  out 
of  any  real  power  in  the  argumentation  itself. 

Does  not  all  that  he  has  urged,  amount  just  to  this  ? 
There  is  nothing  good  in  slander ;  there  is  something 
good  in  flattery  ;  ergo,  slander  is  worse  than  flattery. 

This  short  syllogism  comprehends  the  burden  of  his 
speech ;  on  this  he  seems  fully  to  rely,  as  the  lawyers 
say,  for  a  verdict  in  his  favor.  The  syllogism,  too, 
looks  like  a  valid  one.  It  has,  indeed,  somewhat  the 
air  of  that  flattery  which  he  here  advocates.  Yet,  sir, 
its  validity,  after  all,  is  merely  apparent,  as  I  hope  to 
show  you. 

In  all  reasoning,  direct  or  indirect,  in  order  to  ren 
der  a  conclusion  satisfactory,  there  must  be  no  uncer 
tainty  about  the  premises.  But  are  the  premises,  in 
the  present  instance,  perfectly  clear  and  satisfactory  ? 

It  has  already  been  shown  by  a  previous  speaker, 
that  slander  and  flattery  both  equally  and  essentially 
originate  in  the  spirit  of  deception.  To  call  things  by 
their  right  names,  they  are  only  different  phases  of 
lying.  Every  slander  is  a  lie, — every  flattery  is  a  lie. 
This  may  seem  strange  language  in  this  place  ;  it  may 
sound  harsh,  and  even  coarse,  to  ears  polite.  But,  sir, 
is  it  not  true  ? 

Assuming  this  to  be  true, — for  I  see  not  how  it  can 
be  otherwise  considered, — how,  I  ask,  can  it  be  shown, 


THE   SLANDERER  AND  THE  FLATTERER.         151 

that  falsehood,  when  it  appears  in  the  shape  of  slander, 
has  no  good  in  it,  but  the  moment  it  takes  the  guise  of 
flattery,  it  has  some  good  in  it  ?  Will  it  not  be  necessa 
ry,  in  order  to  give  validity  to  the  gentleman's  argu 
ment,  to  prove,  beyond  the  shadow  of  a  doubt,  that 
good  is  sometimes  found  in  lying?  And,  for  that 
purpose,  will  it  not  further  be  necessary  to  demonstrate, 
and  that  in  the  very  face  of  Holy  Scripture,  that  "a 
lying  tongue  "  is  not  one  of  the  six  things  hated  of  the 
Lord  ?*  For,  surely,  sir,  God  cannot  hate  good  in  any 
form. 

The  fact  is,  Mr.  President,  flattery  is  falsehood,  and 
slander  is  falsehood,  and  there  is  no"  good  in  either. 
Take,  therefore,  out  of  the  gentleman's  syllogism  the 
words  slander  and  flattery,  and  insert  in  each  place  the 
word  lying,  which  is  the  proper  equivalent,  and  its  fal 
lacy  will  immediately  appear.  It  will  then  stand  thus : 
There  is  no  good  in  lying ;  but  there  is  some  good  in 
lying ;  ergo,  lying  is  worse  than  lying  I 

Surely,  sir,  the  gentleman  does  not  hope  to  convince 
by  reasoning  like  this.  He  must,  on  the  contrary, 
consent  to  bring  the  two  characters,  named  in  the  ques 
tion,  into  fair  comparison.  They  are  both  deceivers, 
both  entitled  to  high  distinction  for  works  of  wicked 
ness.  Yet  they  differ  widely  in  their  power,  and  ten 
dency  to  evil.  Let  us,  therefore,  adhere  to  the  real 
point  in  dispute.  That  point  is  simply — which  of  these 
two  confessedly  pernicious  characters,  is  the  more  per 
nicious  ? 

Now,  I  maintain,  that  the  arts,  or  means  employed 
by  the  flatterer,  enable  him  to  do  greater  mischief,  and 
*  Proverbs,  ch.  vi.,  ver.  16,  17,  18. 


152  DEBATES  IN  FULL. 

that,  in  general,  he  does  do  greater  mischief,  than  the 
slanderer  ever  can  do  by  any  possibility  whatever. 
The  world  is  full  of  the  memorials  of  flattery's  ruinous 
agency. 

When  Milton  sang 

"Of  man's  first  disobedience,  and  the  fruit 
Of  that  forbidden  tree,  whose  mortal  taste 
Brought  death  into  the  world,  and  all  our  woe," 

he  sang  of  the  terrible  consequences  of  flattery.  Alas ! 
poor  Eve,  though  in  thy  disobedience  we  recognize  the 
source  of  all  human  calamity,  we  cannot  but  sympa 
thize  with  thee,  when  wavering  under  the  tempting 
tongue  of  the  flatterer.  Who,  who  might  have  with 
stood  that  subtle  and  seductive  strain?  Even  as  it 
appears  in  the  fancy  of  the  poet,  there  is  a  charm  about 
it  that  makes  us  lend  a  willing  ear,  and  even  forget  for  a 
moment,  that  we  are  listening  to  the  voice  of  the 
Devil: 

"  Fairest  resemblance  of  thy  Maker  fair  I 
Thee  all  things  living  gaze  on,  all  things  thine 
By  gift,  and  thy  celestial  beauty  adore 
"With  ravishment  beheld !  there  best  beheld 
Where  universally  admired;  but  here 
In  this  inclosure  wild,  these  beasts  among, 
Beholders  rude,  and  shallow  to  discern 
Half  what  in  thee  is  fair,  one  man  except, 
Who  sees  thee  ?  (and  what  is  one  ?)  who  should'st  be  seen 
A  Goddess  among  Gods,  adored  and  served 
By  angels  numberless,  thy  daily  train." 

"So  glozed*  the  Tempter,"  adds  the  inimitable  poet. 

*  Oloze  is  formed  from  gloss,  just  as  'glaze  is  formed  from  glass. 
Gloss,  in  Greek  y^tiooa,  the  tongue,  is  used  to  signify  a  note,  com- 


THE  SLANDERER  AND  THE  FLATTERER.          153 

"  So  glozed  the  Tempter  1"  What  word,  in  all  the  lan 
guages  of  earth,  could  so  well  describe  this  diabolical 
transaction  ?  "So  glozed  the  Tempter  !"  It  was  by 
glozing,  that  is,  by  flattering  with  the  tongue,  that  the 
foul  fiend  contrived,  in  the  person  of  Eve,  to  achieve 
the  ruin  of  the  race.  How  many,  many  thousands  of 
her  fair  descendants  have  since  been  ruined  by  the 
same  hellish  agency,  what  tribunal,  save  that  of  the 
final  judgment,  can  ever,  ever  disclose  ? 

The  cup  of  Circe  and  the  song  of  the  Sirens,  in  the 
old  mythology,  both  admirably  symbolize  the  com 
bined  fairness  and  foulness  of  flattery.  It  is  delightful 
to  the  taste,  but  brutalizing  to  the  taster  ;  it  is  enchant 
ment  to  the  ear,  but  death  to  the  hearer.  Virtue  often 
derives  vigor  from  the  assaults  of  slander,  but  where 
is  the  vigilance  which  flattery  may  not  surprise,  or 
where  is  the  firmness  which  flattery  may  not  under 
mine  ?  How  many  kings,  statesmen,  heroes  and  ce 
lebrities  of  every  name,  whom  neither  the  might  of 
armies,  nor  the  money  of  a  Croesus  could  ever  subdue, 
or  purchase,  have  yielded  themselves  willing  captives 
to  the  power  of  a  delusive  tongue  ?  How  many  com 
munities,  whom  no  threat  of  tyranny,  no  promise  of 
bounty,  could,  for  one  instant,  induce  to  tolerate  the 
exercise  of  despotic  rule,  have,  by  the  influence  of 
cajoling  demagogues,  been  subjected  to  a  despotism 
more  odious  than  that  of  Dionysius,  more  infamous 
than  that  of  the  Caesars  ? 

ment,  or  explanation ;  thence,  also,  a  specious,  or  artful  interpretation, 
and,  by  easy  transition,  brightness,  or  superficial  lustre.  Gloze, 
therefore,  is  literally  to  tongue  over  anything,  that  is,  to  invest  it 
with  a  smooth  and  fair  outside ;  to  delude  by  flattery. 

7* 


154  DEBATES  IN  FULL. 

Sir,  a  life  of  virtue  is  the  death  of  slander.  He  that 
is  upright  in  principle,  and  circumspect  in  walk  and 
conversation,  is  generally  beyond  the  reach  of  per 
manent  injury  from  the  touch  of  slander.  But  what 
discourages  and  defeats  the  purposes  of  slander,  often 
invites  the  stealthy  approach  of  flattery. 

The  slanderer  stands  at  a  distance,  and  endeavors 
to  bring  ruin  upon  us  from  abroad.  The  policy  of 
flattery  is  to  make  us  work  out  our  own  destruction. 
It  deals  in  traps,  pitfalls,  and  snares  of  every  descrip 
tion.  It  is  a  sort  of  moral  chloroform,  that  steals 
away  the  senses,  and  disarms  the  soul. 

"  Faithful  are  the  wounds  of  a  friend,"  says  Solomon, 
"  but  the  kisses  of  an  enemy  are  deceitful ;"  and,  sir, 
compared  with  flattery,  slander  is  a  friend, — one  that, 
at  least,  keeps  us  on  our  guard,  making  us  watchful, 
however  undesignedly,  against  whatever  act,  or  indul 
gence  might  justly  expose  us  to  the  tongue  of  animad 
version. 

But,  sir,  I  will  not  longer  trespass  upon  your  pa 
tience.  The  matter  in  dispute  is  too  clear  to  need  far 
ther  explanation,  and  its  decision  will,  I  hope,  serve 
to  show,  that  you  fully  concur  with  me  in  the  opinion, 
that  whatever  be  the  magnitude  of  the  slanderer's  guilt, 
that  of  the  flatterer  is  greater  still. 


FIFTH    SPEAKER. 

Mr.  President, — I  am  little  versed  in  metaphysical 
speculations.  In  truth,  I  have  very  little  taste  in  that 
direction.  You  will  not,  therefore,  expect  me  to  lin 
ger  long,  either  on  the  lines  of  essential  distinction,  if 


THE  SLANDERER  AND  THE   FLATTERER,         155 

any  there  be,  between  slander  and  flattery,  or  upon  the 
proofs  of  their  original  and  generic  identity,  supposing 
that  view  of  the  case  to  be  the  true  one. 

"  Well,"  exclaims  some  one,  "but  what  disposition 
will  you  make  of  the  argument  founded  upon  the  con 
sideration,  that  they  are  both  essentially  deceivers.  Are 
they  not  alike  in  guilt,  as  they  are  alike  in  nature  ? 
Will  it  not  be  indispensable  to  go  somewhat  into  what 
you  call  '  metaphysical  speculation,'  in  order  to  satisfy 
the  demands  of  the  discussion  ?" 

To  all  this  I  answer, — suppose  I  accept,  as  I  really 
do,  the  doctrine  that  the  slanderer  and  the  flatterer 
both  spring  from  the  same  parents,  that  is,  both  have 
their  origin  in  a  lying  spirit.  What  will  that  prove  ? 
It  is  only  by  operating  upon  the  principle,  that  he  that 
offendeth  in  one  point,  is  guilty  of  the  whole,  a  decla 
ration  that  respects  the  perfect  law  of  God,  and  which 
makes  all  sin  equally  an  infringement  of  the  Divine 
commandments,  that  you  can  derive  anything  like  an 
argument  from  the  assumed  identity  of  slander  and 
flattery. 

Still,  let  us  apply  that  standard.  What  is  the  re 
sult?  Why,  since  every  sin  is,  according  to  the  hy 
pothesis,  equal  to  every  other  sin,  it  follows,  that  the 
inherent  guilt  of  these  two  things  is  precisely  equal. 
But  granting  them  to  be  equal,  in  this  respect,  what  do 
you  gain  by  the  disclosure?  The  question  is  not, 
which  is  the  more  wicked  character  by  nature,  but  which, 
by  the  exercise  of  that  wickedness,  produces  the  greater 
mischief. 

Well,  now  it  does  seem  to  me,  that  a  lie  that  is 
merely  complimentary,  cannot  be  so  deleterious  as  one 


156  DEBATES  IN  FULL. 

that  is  abusive  and  malicious.  There  are  many  people 
who,  without  the  least  evil  intent,  nay,  with  the  best 
intentions  possible,  are  always  seeking  to  say  kind 
things,  though  they  may  be  somewhat  exaggerated. 
They  are,  indeed,  lavish  sometimes  in  the  use  of  com 
plimentary  terms.  But  we  never,  on  that  account,  think 
of  dealing  harshly  with  them.  We  regard  the  inten 
tion,  and  look  with  indulgence,  if  not  with  approbation, 
upon  the  motive  that  governs  their  conduct. 

But  how  is  it,  in  the  case  of  him  who  puts  forth  the 
language  of  calumny?  What  mitigation  comes,  or 
can  come,  from  considering  his  motive  ?  What  kindly 
impulse,  what  benevolent  end,  throws,  or  ever  can 
throw,  over  his  vicious  career  the  mantle  of  all-bearing, 
all-believing,  all-hoping  Charity?  We  can  have  no 
conception  of  slight  slander,  or  inoffensive  defamation. 
It  would  be  a  solecism  in  terms,  to  speak  of  such  a 
thing.  Slander  is  never  slight,  never  inoffensive,  be 
cause  were  it  so,  it  would  no  longer  be  slander.  The 
poison  which  it  discharges,  is  always  of  the  most  fatal 
character. 

How  differently  do  slander  and  flattery  appear  in 
the  eyes  of  the  Legislator  !  We  often  hear  of  suits  and 
trials  for  slander ;  but  who  has  ever  heard  of  suits  and 
trials  for  flattery  ?  There  is  an  argument  in  this  fact. 
Were  flattery  equally  deleterious  with  slander,  it  cer 
tainly  would  have  been  ranked  among  penal  offenses 
in  the  Statute  Book.  Instead  of  that,  it  takes  ground 
with  those  numerous  vices  which,  being  considered  too 
slight,  or  too  subtle  to  be  reached  by  the  arm  of  the  Leg 
islator,  are  necessarily  handed  over  to  the  pen  of  the 
Satirist,  that  is,  to  the  potent  voice  of  public  Opinion. 


THE  SLANDERER  AND  THE   FLATTERER.          157 

The  law,  in  this  particular,  no  doubt,  as  in  all  others, 
is  governed  somewhat  by  the  quo  animo,  the  secret 
purpose,  the  motive.  It  compares  the  hearts  of  these 
two  characters,  as  well  as  the  outward  workings-  and 
consequences  of  their  action.  On  this  ground,  undoubt 
edly,  in  great  measure,  it  punishes  the  one  with  ex 
emplary  damages,  while  it  dismisses  the  other,  not  as 
altogether  guiltless,  but  as  properly  belonging  to  a 
more  indulgent  tribunal. 

This  interior  view  of  the  slanderer's  character,  Mr. 
President,  may,  perhaps,  help  more  than  anything  else 
to  bring  us  to  a  just  decision  of  the  point  in  dispute. 

Take  a  faint  picture  of  the  slanderer's  head  and  heart, 
— the  secret  chambers  of  his  soul,  when  he  proceeds  to 
operate  in  his  appropriate  sphere.  See  Memory,  Eea- 
son,  Judgment,  Imagination,  Hope,  Fear,  Envy,  Malice, 
Hatred,  Pride,  Yanity,  Selfishness,  all  the  powers  and 
passions  assembled  in  secret  conclave  against  virtue 
and  innocence.  See  Memory  furnishing  facts  and  cir 
cumstances  ;  see  Eeason  and  Judgment,  the  distinguish 
ing  attributes  of  our  common  humanity,  forced  into 
the  debasing  office  of  constructing  false  and  sophist 
ical  arguments  ;  see  Imagination  busily  engaged  in 
moulding  the  vilest  fancies  into  the  forms  of  reality  ; 
see  Hope,  even  Hope,  that  should  ever  be  the  sweet 
solace  of  misery  and  misfortune,  smiling  complacently 
and  promising  success  to  the  foulest  conspiracy ;  see 
Fear  whispering  caution,  Envy  exulting  in  the  prospec 
tive  calamity  of  a  neighbor,  Malice  joining  hand  with 
Hatred  to  infuse  the  bitter  poison  of  antipathy  ;  while 
Pride,  Yanity,  and  Selfishness,  creatures  one  in  spirit, 
and  different  only  in  their  modes  of  manifestation, 


158  DEBATES   IN   FULL. 

combine  their  energies  for  the  encouragement  and 
consummation  of  the  diabolical  enterprise. 

But,  sir,  I  would  not  seek  further  to  depict  this 
"  Stygian  Council," — this  perfect  Pandemonium  of  the 
soul.  But  what,  what,  I  ask,  must  be  the  measure  of 
that  iniquity,  that  can  combine  for  the  execution  of 
its  purposes,  forces,  moral  and  intellectual,  so  opposite 
and  incongruous  as  these  ? 

One  more  thought,  Mr.  President,  and  I  will  bring 
my  observations  to  a  close.  That  thought  is,  that  a 
very  reliable  argument  in  favor  of  the  side  which  I 
here  advocate,  might  be  drawn  from  the  testimony  of 
the  wise  and  good  of  all  ages  and  countries. 

I  have  not  the  testimony  at  hand,  of  course  ;  and, 
if  I  had,  it  would  be  altogether  too  voluminous  to 
offer  in  detail,  as  you  know.  But  I  venture  to  affirm, 
that  could  this  be  done,  their  views  would  confirm  mine, 
with  scarcely  a  dissentient  voice.  One  example  only 
I  can  now  recall  from  among  the  ancients ;  but  that  in 
dicates,  I  doubt  not,  the  spirit  that  pervades  them  all. 
Diogenes,  the  famous  old  Cynic,  being  asked,  on  a  cer 
tain  occasion,  of  which  beast  the  bite  was  the  most 
dangerous,  immediately  answered,  "  If  you  mean  wild 
beasts,  it  is  the  slanderer's  ;  if  tame,  the  flatterer's  !" 

In  this  answer  of  Diogenes,  I  recognize  the  fair,  un 
biassed  judgment  of  mankind.  With  him,  the  slan 
derer  instantly  takes  the  features,  traits,  characteristics, 
or  what  not,  that  belong  peculiarly  to  the  wild,  fero 
cious  beast  of  prey,  compared  with  which,  the  flat 
terer  is  a  creature  tame,  gentle,  and  harmless. 

Do  not,  sir,  misunderstand  me.  I  am  not  advocating 
the  claims  of  flattery  to  moral  purity ;  for  it  has  none. 


THE  SLANDERER  AND  THE   FLATTERER.         159 

On  the  contrary,  I  see  clearly  and  regret  deeply  its 
sad  delinquency.  But,  if  asked  whether  it  exceeded, 
in  my  opinion,  the  measure  of  wrong-doing  that  be 
longs  to  slander,  I  could,  with  a  clear  conscience,  and 
with  a  firm  voice,  adopt  for  answer  the  words  of  the 
immortal  Shakspeare : 

"  No ;  'tis  slander, 

Whose  edge  is  sharper  than  the  sword,  whose  tongue 
Outvenoms  all  the  worms  of  Nile  ;  whose  breath 
Rides  on  the  posting  winds,  and  doth  belie 
All  corners  of  the  world :  kings,  queens,  and  states, 
Maids,  matrons,  nay,  the  secrets  of  the  grave, 
This  viperous  slander  enters." 


SIXTH    SPEAKER. 

Mr.  President, — The  labor  of  our  opponents,  in  this 
debate,  has  thus  far  been  directed,  it  would  seem,  to 
the  purpose  of  giving  to  flattery  the  aspect  of  a  very 
venial  offense.  This  has  been  attempted  in  two  ways ; 
first,  by  dwelling  upon  the  deformities  of  slander,  and 
so  filling  the  mind  with  a  sense  of  its  enormity,  as  ef 
fectually  to  exclude,  for  the  time,  the  idea  of  equal 
wickedness  in  flattery  ;  secondly,  by  painting  flattery 
in  colors  calculated  to  conceal,  rather  than  display  her 
real  character :  presenting  her  in  the  form  of  a  maiden, 
fair,  fascinating,  full  of  smiles,  complimerlfes,  and  all 
sorts  of  winning  ways,  overflowing,  moreover,  with 
benevolence,  and,  therefore,  prodigal  to  a  fault  in  the 
language  of  praise.  Nothing  could  be  more  fallacious 
than  this  mode  of  dealing  with  our  question. 

No,  sir ;  flattery  is  far  from  being  confined  to  slight 


160  DEBATES  IN   FULL. 

exaggeration,  and  innocent  hyperbole,  It  is,  in  truth, 
a  gigantic  evil.  It  is  interwoven  with  the  whole  frame 
work  of  society,  and  encrusts  it  everywhere  with  the 
smooth  shell  of  hypocrisy.  Not  only  is  the  tongue  en 
listed  in  its  service ;  but  all  features  of  the  face,  all  mo 
tions  of  the  body,  are  carefully  trained  to  do  its  bid 
ding.  It  is  confined  to  no  class  ;  it  is  restricted  to  no 
country ;  it  works  always,  and  works  stealthily ;  and, 
if  unrestrained,  would  soon  make  us  see,  in  a  sense  dif 
ferent  from  that  intended  by  Shakspeare,  that 

"All  the  world 's  a  stage, 
And  all  the  men  and  women  merely  players." 

Now,  sir,  in  this  fact,  in  this  universal  presence,  of 
flattery,  I  find  an  argument.  The  power  of  the  flat 
terer  for  mischief,  nay,  sir,  the  necessary  result  of  his 
action,  is  greater  far  than  that  of  the  slanderer,  because 
he  has  a  wider  field  of  operation.  The  slanderer  must 
work  cautiously  ;  he  must  balance,  with  skill,  the  prob 
abilities  of  the  case ;  he  must,  as  the  last  speaker  has 
observed,  summon  in  council  the  faculties  of  the  mind, 
before  he  can  venture  to  act  at  all.  He  knows  that 
detection  will  not  only  be  fatal  to  his  plot,  but,  also, 
fatal  to  him. 

But  the  flatterer,  confident  of  success,  because  he  is 
confident  of  a  pleasant  reception,  and  because,  more 
over,  he  has,  generally,  no  apprehension  of  personal 
danger,  proceeds  to  his  task  without  delay  or  impedi 
ment.  If  he  succeed,  his  joy  is  complete;  if  he  fail, 
he  has  suffered  nothing  but  slight  repulse, — a  look  of 
pity,  or  a  smile  of  contempt. 


THE  SLANDERER  AND  THE  FLATTERER.         161 

The  necessity  of  caution  and  tlie  dread  of  conse 
quences,  you  see,  sir,  seriously  impede,  and  greatly 
circumscribe  the  operations  of  slander.  Still  further 
are  they  limited  by  the  comparative  fewness  of  the 
objects,  upon  which  it  can  be  made  to  operate  at  all. 
If  appearances  be  not  decidedly  against  the  party  slan 
dered,  or  the  ear  of  the  listener  be  not  strongly  predis 
posed,  the  voice  of  the  slanderer  is  heard  usually  with 
something  of  distrust.  The  semblance  of  truth  must 
be  carefully  preserved  in  every  particular;  for  the 
least  improbability  is  sure 

"  To  cast 
Ominous  conjecture  on  the  whole  success." 

Flattery,  on  the  other  hand,  courses,  unchecked, 
over  the  whole  field  of  human  existence.  It  clothes 
the  maiden  with  imaginary  charms,  and  satisfies  her 
soul  with  empty  professions ;  it  diverts  the  manly 
youth  from  sober  pursuits,  makes  him  impatient  of 
salutary  restraints,  and  absorbs  his  time  in  enervating 
pleasures ;  it  dims  the  vision,  and  weakens  the  arm 
of  parental  discipline ;  it  urges  folly  to  claim  the  honor 
due  only  to  wisdom ;  it  induces  cowardice  to  be  per 
fectly  content'  with  the  mere  uniform  of  courage ;  in 
short,  it  encourages  all  the  vices  and  defects  of  the  race, 
to  hide  their  native  deformity,  even  from  themselves, 
under  the  forms  and  coverings  peculiar  to  the  virtues 
and  perfections  opposite  to  each  respectively. 

If  you  ask  for  particular  examples,  they  start  up  in 
every  direction.  Look  at  yonder  rich  man's  table. 
Who  is  he,  with  servile  look  and  mock  delight,  that 
sells  his  birth-right  of  independence  for  a  mess  of  pot- 


162  DEBATES  IN   FULL. 

tage?  It  is  the  parasite, — a  name  that  contains  the 
best  history  of  the  man.* 

"Who  are  these  finely  dressed,  but  anxious  looking 
people,  craving  admission  into  the  circles  of  the  so- 
called  aristocracy  ?  They  are  those  mistaken  children  of 
fashion,  in  whom  flattery  has  contrived  to  extinguish 
all  proper  self-respect,  and  implanted,  in  its  stead,  a 
vain  desire  to  be  considered  the  elite  ;  who,  flattered  by 
the  condescensions  of  those  whom  they  suppose  to  be 
above  them,  mistake  sufferance  for  civility,  and  the 
form  for  the  fact  of  high  social  standing. 

But  who  is  this?  He  is  all  graciousness, — "all 
things  to  all  men,"  not,  however,  that  he  "  may  by  all 
means,  save  some,"  but  that  he  may,  by  any  means,  in 
veigle  many.  With  what  hearty  grasp  he  seizes  the 
hand  of  the  sturdy  smith  !  How  eagerly  he  inquires 
after  his  family;  how  ready  his  joke,  how  loud  his 
laugh  !  Was  ever  man  so  social  ?  Who  is  he  ?  The 
politician, — the  keen  pursuer  of  place  and  power.  He 
is  now  a  candidate  for  some  lucrative  office,  and  these 
people,  among  whom  he  is  so  freely  dispensing  bows, 
smiles  and  compliments,  are  the  voters.  What  are  his 
claims  to  preferment  ?  His  skill  in  the  use  of  flattery. 

What  palace  is  this  ?  It  is  the  abode  of  the  courtier 
— the  professional  flatterer.  Let  us  enter.  Who  are 
these,  with  eager  look  and  anxious  brow,  that  await  his 
coming  in  the  spacious  hall  ?  It  is  the  crowd  of  ex 
pectants,  whom  his  reputed  kindness  and  affluence  have 

*  Parasite,  (from  the  Greek  -rrapd,  near,  or  beside,  and  alro?,  food) 
means,  literally,  one  who  takes  food  with  another ;  thence  it  caiae 
to  be  applied  to  one  who  assents  to,  fawns  upon,  or-servilely  flatters 
another  for  the  sake  of  food,  or  any  other  personal  advantage. 


THE   SLANDERER  AND  THE  FLATTERER.         163 

attracted  to  his  door.  How  graciously,  at  length,  lie 
enters  the  apartment !  His  smile,  his  nod,  his  whole 
demeanor,  how  inspiring  to  the  heart  of  needy,  hoping 
humanity !  But  heavy  is  the  disappointment  destined 
to  succeed.  There  is  no  truth  in  him.  It  is  the  habit 
of  his  life, — the  irresistible  second  nature  that  has  fasten 
ed  upon  him,  alternately  to  create  and  to  destroy  the 
hopes  of  his  fellow  men. 

But  yonder  comes  the  conquering  hero,  heralded  by 
the  trumpet  of  fame, — that  ingenious  mouth-piece  of 
flattery.  How  sweet  to  him  is  the  sound  of  that  trum 
pet  !  It  drowns  the  groan  of  the  dying,  the  wail  of 
the  widow,  the  maiden's  lament  and  the  orphan's  cry. 
It  stirs  ambition,  it  fires  the  soul,  and  hides  in  romantic 
interest  the  horrors  of  the  battle  field.  It  tells  of  power, 
it  tells  of  glory,  not  only  to  the  present,  but  to  future 
generations.  How  sweet  is  the  sound  of  that  trumpet ! 
Alas !  too  often  sweet,  only  because  it  feeds  an  insatiate 
and  remorseless  vanity. 

But,  Mr.  President,  I  will  not  trouble  you  with  fur 
ther  instances.  Whichever  way  I  look,  I  see  the 
workings,  or  the  sad  results  of  the  workings,  of  flattery ; 
and  whichever  way  I  survey  her  movements,  she  ap 
pears  as  a  two-edged  sword,  cutting  keenly  in  both  di 
rections — the  flatterer  and  the  flattered.  He  that  gives 
and  he  that  takes  this  dangerous  draught,  are  often 
equally  and  hopelessly  wounded. 

Much,  much  may  we  dread  the  tooth  of  Slander, 
but  is  not  the  tongue  of  Flattery  still  more  dreadful  ? 


164  DEBATES  IN  FULL. 

SECOND    DEBATE. 

WHICH  IS  PREFERABLE,  CITY  OR  COUNTRY  LIFE  ? 

FIKST    SPEAKEK. 

Mr.  President, — The  question  which  we  are  now 
about  to  discuss, — "  Which  is  preferable,  city  or  country 
life?" — though  apparently  simple,  is  far  from  being 
devoid  of  difficulties.  I  have  no  hesitation,  however, 
in  declaring  my  preference  for  the  country  ;  though  I 
deeply  regret,  that  the  limits  to  which  I  am  here  con 
fined,  utterly  forbid  any  attempt  to  assign  all,  or  any 
considerable  part  of  my  reasons  for  that  preference. 
I  must,  indeed,  content  myself,  for  the  present,  with 
the  statement  of  a  single  argument.  It  will  be  found, 
I  hope,  so  impressive,  because  so  truthful,  that  convic 
tion  must  follow  in  its  train. 

I  refer  here  to  the  argument  derived  from  what  I 
shall  venture  to  call  the  moral  influence  of  rural  scenes. 
The  country,  sir,  is  the  natural  abode  of  man.  There 
he  is  in  constant  communion  with  nature.  There,  un- 
distracted  by  the  tumults  of  trade,  unenslaved  by  the 
tyranny  of  fashion,  unpolluted  by  the  vices  of  a 
promiscuous  populace,  he  walks  and  works  from 
day  to  day,  amid  mountains  and  valleys,  meadows 
green,  and  cultivated  fields,  and  all  else  that  can 
inspire  gratitude  and  devotion  to  the  great  Giver  of 
all  good. 


TOWN  AND  COUNTRY.  165 

There  man  has  frequent  opportunities,  nay,  invita 
tions,  so  to  speak,  to  look  into  his  own  heart, — to  com 
mune  with  his  own  spirit, — to  develop  and  strengthen 
his  native  powers;  in  short,  to  train  and  discipline 
his  whole  physical,  moral,  and  intellectual  nature. 
If  you  would  allow  a  man,  unfettered,  to  become 
what  he  is  capable  of  becoming,  you  must  not 
throw  him  into  the  turmoil  and  bustle  of  towns  and 
cities. 

There  he  will,  perchance,  become  what  is  called  a 
"business  man;"  there  he  may  become  a  millionare ; 
there  he  may  circulate  freely  in  the  gay  assemblies  of 
fashion ;  but  there  he  cannot  easily  realize  the  true 
dignity  of  manhood.  There  is  something  in  the  very 
quiet  and  solitude  of  the  country,  which  wonderfully 
elicits  thought,  develops  character,  and  makes  the  man. 
Well  has  the  poet  said  : — 


"  "Where  is  the  wise,  or  the  learned,  or  the  good  that  sought  not 

solitude  for  thinking, 

And  from  seclusion's  secret  vale  brought  forth  his  precious  fruits  ? 
Forests  of  Aricia,  your  deep  shade  mellowed  Numa's  wisdom ; 
Peaceful  gardens  of  Vauclusc,  ye  nourished  Petrarch's  love  ; 
Solitude  made  a  Cincinnatus,  ripening  the  hero  and  the  patriot; 
And  taught  De  Stael  self-knowledge,  even  in  the  damp  Bastile ; 
It  fostered  the  piety  of  Jerome,  matured  the  labors  of  Augustine ; 
And  gave  imperial  Charles  religion  for  ambition  ; 
That  which  Scipio  praised,  that  which  Alfred  practiced, 
Which  fired  Demosthenes  to  eloquence,  and  fed  the  mind  of  Milton, 
Which  quickened  zeal,  nurtured  genius,  found  out  the  secret  things 

of  science, 
Helped  repentance,    shamed  folly,  and  comforted  the  good  with 

peace, 

By  all  men  just  and  wise,  by  all  things  pure  and  perfect, 
How  truly,  Solitude,  art  thou  the  fostering  nurse  of  greatness!" 


166  DEBATES  IN  FULL. 


SECOND     SPEAKER. 

Mr.  President, — The  speech  just  delivered,  (I  mean 
no  discourtesy,)  is  certainly  not  without  merit,  if  con 
sidered  merely  as  a  picture  of  fancy.  But,  sir,  fancy  is 
not  fact;  and  is,  therefore,  a  very  unfit  material  out 
of  which  to  construct  an  argument.  He  says,  that  the 
dweller  in  the  country  is  "in  constant  communion 
with  nature" :  discerning,  as  it  seems  to  me,  no  differ 
ence  between  contact  and  communion. 

Country  people  are,  indeed,  in  perpetual  contact 
with  those  natural  objects,  which  often  awaken  thought 
and  foster  devotion ;  but  to  infer  from  this,  that  they 
are  actually  always  in  sweet  and  sober  communion  with 
the  beauties  and  sublimities  of  the  scenery,  amid  which 
they  dwell,  is  fanciful  in  the  highest  degree. 

In  reflecting  upon  rural  life,  we  are  very  apt  to  fix 
our  thoughts  exclusively  on  grand  and  imposing  fea 
tures  in  nature, — on  what  is  fair  and  beautiful,  and 
fitted  to  excite  pleasurable  emotions,  and  to  shut  our 
eyes  against  its  sterner  and  more  repulsive  aspects. 
Our  imagination  draws  lively  landscapes,  and  peoples 
them  with  souls  of  almost  superhuman  purity  and  in 
nocence.  It  withdraws  from  the  scene  the  digging 
and  the  delving,  the  bogs,  the  marshes,  and  all  the 
nameless  annoyances  and  hardships  that  constitute 
the  stern  realities  of  country  life. 

It  calls  into  beings  shepherds  and  shepherdesses, 
nay,  rustics  of  every  name  and  occupation,  all  gentle, 
all  lovely,  all  kind,  all  uncontaminated  by  contact 
with  vicious  associations,  and  breathing  a  perfectly 


TOWN  AND   COUNTRY.  167 

pure  and  healthy  moral  atmosphere.  It,  moreover, 
endows  these  people  with  peculiar  tendencies  to  con 
templation,  makes  them  specially  susceptible  to  the 
impressions  of  grand  and  noble  scenes,  and  almost  al 
together  free  from  the  common  propensities  and  way 
wardness  of  humanity. 

Mr.  President,  such  views  of  country  life  may  befit 
those  who  supply  the  world  with  what  is  called,  Pas 
toral  Poetry ;  they  may  do  to  beguile  a  leisure  hour, 
or  feed  a  morbid  imagination ;  but  depend  upon  it, 
they  have  no  real  existence.  Let  any  man  mingle 
freely  with  country  people ;  let  him  examine  their 
habits,  manners,  their  common,  every-day  life  and 
conversation ;  and  he  will  not  be  long  in  discovering, 
that  the  argument  of  the  gentleman  is  wholly  falla 
cious. 

Allowing  what  you  will  for  the  influence  of  sublime 
and  beautiful  objects  on  the  heart,  it  must  be  recol 
lected  that  familiarity  itself  begets  indifference,  and 
that  men  soon  come  to  walk  among  the  Alps  as  among 
common  hills,  to  sail  over  ocean  billows  as  over  the 
ripples  of  a  quiet  lake,  and  in  short,  to  look,  with  com 
parative  unconcern,  upon  things  familiar,  though  they 
be  the  most  thrilling  and  wonderful  works  of  Creation. 

The  argument,  therefore,  which  the  gentleman  has 
selected,  with  such  apparent  confidence  in  its  force, 
is  not,  in  my  judgment,  a  conclusive  one.  ^  It  shows, 
it  is  true,  that  the  country  offers  many  features  well 
fitted  to  awaken  emotion  and  improve  the  heart ;  but 
it  does  not  prove  that  these  objects  always  produce 
that  effect.  I  may,  therefore,  conclude  by  informing 
him,  that  his  argument  is  just  as  true  when  applied 


168  DEBATES   IN  FULL. 

to  the  city.  The  city,  also,  has  many  objects  admirably 
adapted  to  arouse  our  better  nature,  and  promote  our 
spiritual  well-being ;  but,  alas,  they  are  seldom,  ay, 
very  seldom,  duly  regarded. 


THIRD    SPEAKER. 

Mr.  President, — Instead  of  stopping  to  examine  and 
refute  what  seems  objectionable  in  the  views  expressed 
by  the  last  speaker,  I  propose  to  introduce  some  two,  or 
three  new  arguments,  or  considerations  in  favor  of  ru 
ral  life.  It  will  hardly  be  denied,  that  contact  with  vice 
has  a  corrupting  influence,  even  by  those  who  deny 
that  contact  with  country  scenes  and  objects,  has  no 
necessary  improving  power;  for,  "Evil  communica 
tions,"  says  an  inspired  writer,  "  corrupt  good  manners ;" 
and  this  I  hold  to  be  true,  whether  in  the  city,  or  the 
country. 

The  only  question  is,  which  yields  the  greater  amount 
of  evil.  Now,  will  any  one  deny  this  bad  distinction 
to  the  city  ?  And,  if  this  be  not  denied,  manifestly  the 
country,  on  the  score  of  morals,  is  the  better,  because 
the  safer  place. 

But,  again,  sir,  the  country  has  a  most  decided  ad 
vantage  over  the  city,  as  a  place  for  intellectuul  culture. 

It  gives  freedom  from  tumult,  noise,  and  distracting 
excitements.  It  guaranties  exemption  from  a  thousand 
intrusions  and  interruptions,  inseparable  from  city  life ; 
favors  abstraction  and  concentration  of  the  mental  pow 
ers,  and  so  secures  to  the  student  the  best  results  of  in 
tellectual  labor. 

In  proof  of  this,  which  is  so  clear  in  theory,  I  might 


TOWN  AND  COUNTRY.  169 

cite  the  testimony  of  experience — the  experience  of 
poets,  orators,  writers,  and  thinkers  of  every  name  and 
grade,  and  of  almost  every  age  and  clime.  But  why 
dwell  on  a  point  so  evident  ? 

Again,  the  country  favors  not  only  mental  and  mor 
al  culture,  but  is  eminently  adapted  to  the  development 
of  the  physical  constitution.  Every  one  knows,  that  city 
life,  for  the  most  part,  is  a  thing  altogether  artificial. 
It  cramps  the  feet  with  tight  shoes,  it  compresses  the 
waist  with  tight  dresses ;  it  invites  and  fosters  colds, 
coughs,  and  consumptions,  through  the  agency  of  thin 
stockings,  light  clothing,  late  hours,  and  many  other 
similar  requirements  of  fashion,  which  time  would  fail 
me  to  specify. 

Nor  is  this  all.  The  resident  of  the  city  not  always 
enjoys  the  fresh  products  of  the  country,  though  he 
be  ever  so  willing  to  pay  for  them.  He  must  often  be 
content  with  stale  butter,  stale  milk,  stale  everything ; 
while  the  happy  farmer  partakes  of  all  these  things  in 
their  freshness  and  purity.  May  we  not,  sir,  in  view 
of  these  and  other  kindred  advantages  connected  with 
a  residence  in  the  country,  may  we  not  ask  your  decis 
ion  in  our  favor  ? 


FOURTH    SPEAKER. 

Mr.  President, — From  the  observations  of  the  gentle 
man  who  has  just  taken  his  seat,  one  might,  without  an 
appeal  to  facts,  naturally  infer,  that  all  good  is  confined 
to  the  country,  and  all  evil  centered  in  the  city.  In  the 
life  of  a  citizen,  he  finds  a  sort  of  Siberian  destitution ; 
so  that  whether  he  walks,  or  talks,  or  studies,  or  eats, 

8 


170  DEBATES  IN  FULL. 

or  drinks,  or  exercises,  lie  is  equally  the  victim  of  ty 
rannical  custom. 

Well,  sir,  to  this  doleful  catalogue  of  imaginary  ills, 
which  must  surely  be  regarded  as  the  offspring  of  a 
distempered  fancy,  I  can  only  append  that  old,  familiar 
caption  of  certain  newspaper  paragraphs, — "  Important, 
if  true:1 

Why,  sir,  who  ever  heard,  till  this  hour,  that  study 
was  a  thing  to  be  done  to  the  best  advantage  only  "  out 
in  the  country  ?"  There  only,  it  seems,  we  can  get  clear 
of  noise  and  nuisance  enough  to  enable  us  to  think ; 
as  if  people  of  studious  habits,  living  in  the  city,  were 
obliged  by  some  unrelenting  fatality  to  choose  for  a 
study  just  that  spot  in  a  town,  where  most  "  do  con 
gregate  "  carts,  wagons,  stages,  and  wheel-barrows,  and 
where  the  din  and  clatter  of  commercial  transactions 
are  the  most  unceasing,  and  the  most  annoy  ing;  or,  as 
if  all  parts  of  a  city,  and  at  all  times  of  the  day,  were 
equally  and  hopelessly  given  up  to  clamor,  uproar,  and 
confusion. 

Talk  about  opportunities  for  study?  Where  can 
they  be  better,  where  can  they  be  as  good  as  in  the  city  ? 
Here  are  capital  schools,  capital  teachers,  capital  appar 
atus,  capital  libraries,  capital  courses  of  lectures,  capi 
tal  chances  for  literary  conversation;  in  fact,  capital 
chances  for  every  thing  that  can  enlarge,  store,  train, 
and  liberalize  the  mind. 

If  we  adopt  the  oft-reiterated  sentiment,  that 

"  The  proper  study  of  mankind  is  man." 

and,  for  the  prosecution  of  this  study,  seek  the  society 
of  shade,  and  stream,  and  forest,  and  valley,  where 


TOWN  AND   COUNTRY.  171 

men  are  found  few  in  numbers,  and  free  from  the  ex 
citements  and  conflicts,  the  competitions  and  vicissi 
tudes  that  force  out  motive,  and  so  determine  the  char 
acter  of  actions,  we  shall  soon  discover  that  our  means 
of  improvement,  are  sadly  deficient.  The  city,  sir, 
whatever  our  first  impressions  might  suggest,  is,  with 
out  doubt,  the  best  school  for  the  study  of  the  human 
heart ;  so  that,  if,  indeed,  "  the  proper  study  of  mankind 
is  man,"  the  proper  place  for  that  study  is  the  crowded 
city.  "  Glorious,  indeed,"  says  Longfellow,  "  is  the 
world  of  God  around  us,  but  more  glorious  the  world 
of  God  within  us !"  That  "  world  of  God  within  us," 
sir,  which  is  destined  to  survive  "  the  world  of  God 
around  us/'  and  which,  for  that  reason,  is  the  more  de 
serving  of  our  careful  regard,  is  there  best  explored, 
where  men,  in  masses,  meet,  jostle,  rival  and  mutually 
stimulate  one  another. 

But  the  gentleman  dreads  the  vicious  associations  of 
the  city.  If  that  argument  had  any  strength,  it  ought 
to  drive  him  quite  out  of  the  world ;  for  vicious  peo 
ple  are,  by  no  means,  peculiar  to  cities.  It  ought,  at 
least,  to  render  him  a  hermit, — to  force  him  into  the 
most  absolute  asceticism ;  for  nothing  can  be  more  ob 
vious  than,  that  vicious  people  are  not  the  peculiar  her 
itage  and  burden  of  cities. 

Evil  thrives,  with  more  or  less  vigor  and  virulence, 
everywhere.  We  can  not  run  entirely  away  from  it, 
though  we  need  not,  and  should  not  run  heedlessly  or 
designedly  into  it.  Our  positive  duty  is  to  oppose  it, 
whether  in  ourselves  or  in  others.  "  Eesist  the  devil," 
says  the  apostle  James,  "  and  he  will  flee  from  you." 


172  DEBATES   IN  FULL. 

Surely,  Sir,  this  Scriptural  instruction  differs  toto  ccelo 
from  that  which  counsels  us  not  to  resist,  but 'to  run. 

The  truth  is,  Mr.  President,  there  is  often  a  positive 
advantage  in  being  near  to  the  wicked  and  the  degraded, 
provided  we  have  the  heart  to  seek  to  do  them  good. 
Christ  himself  affords,  by  his  practice  in  this  regard,  as 
in  all  others,  the  best  possible  example.  He  was  found 
among  the  wicked,  the  outcast,  the  wretched :  saying 
in  answer  to  the  question,  "Why  eateth  your  master 
with  publicans  and  sinners?"  " They  that  be  whole 
need  not  a  physician,  but  they  that  are  sick."  By  fol 
lowing  this  divine  example,  sir,  we  may  derive  the 
highest  benefit  to  ourselves,  while  we  are  seeking  to 
alleviate  the  woes  of  others. 

The  spirit  of  true  Christianity  is  no  anchoretic  spirit. 
It  goes  out  among  men,  because  evil  is  among  men, 
and  seeks,  like  its  blessed  Pounder,  "  to  save  that  which 
is  lost."  That  wicked  men,  in  numbers,  dwell  in  cities, 
is  therefore  no  argument  to  induce  good  men  to  flee  to 
the  country.  It  is  rather  a  reason  to  make  them  court 
that  trial  of  virtue,  by  which  they  may  become  at  once 
the  teachers  and  the  taught  in  the  ways  and  the  works 
of  God. 


FIFTH    SPEAKER. 

Mr.  President, — If  I  wished  to  give  a  distinct  notion 
of  the  difference  in  signification,  between  the  words 
ingenious  and  ingenuous,  I  think  I  might  safely  say, 
that,  in  this  discussion,  thus  far  the  arguments  for 
the  country  have  been  ingenuous,  while  the  answers  to 
them  have  been  ingenious. 


TOWN  AND  COUNTEY.  173 

The  country,  says  the  first  speaker,  in  substance, 
abounds  in  scenes  and  objects  fitted  to  awaken  admi 
ration,  and  turn  the  thoughts  of  men  toward  their 
Creator.  It  differs  from  the  city,  in  being  the  natural, 
instead  of  the  artificial  dwelling-place  of  man,  and  is, 
therefore,  better  adapted  to  the  development  of  his 
mental  and  moral  character. 

Now,  this  is  a  plain  and  ingenuous  statement  of 
truth  ;  powerful,  indeed,  but  only  powerful,  because  it 
is  true.  But  how  is  it  answered  ?  "  Oh,"  says  the  next 
speaker,  "  that's  all/cmc?/  /  Men  soon  become  indiffer 
ent  to  the  impressions  of  external  grandeur.  These 
things  may  be  fitted  to  excite  sublime  sentiments  and 
holy  affections,  but  they  seldom  do  ;  for  men  are  apt 
to  pass  them  by  unheeded." 

Then  the  whole  argument  is  dismissed  with  a  fine 
flourish  of  words  about  people  walking  among  the 
Alps,  as  they  would  among  common  hills,  and  riding 
on  the  waves  of  the  ocean  as  thoughtlessly  as  they 
would  on  the  gently  ruffled  surface  of  a  tranquil  lake. 
In  all  this,  the  real  point,  on  which  the  argument  was 
obviously  meant  to  turn,  viz. :  the  comparative  influence 
of  city  and  country  scenes  and  objects  on  man's  moral 
nature,  is  quite  overlooked.  Now,  sir,  this  may  be 
considered  ingenious,  but  it  is  far  from  being  ingenuous. 

Again ;  it  was  argued  that  the  quiet  and  seclusion 
of  rural  life,  afforded  letter  opportunities  for  study  and 
reflection  than  can  be  realized  in  the  city ;  where  there 
must  be  much  of  bustle  and  uproar, — the  necessary 
concomitants  of  trade  and  commerce.  In  reply  to 
this,  we  are  rather  tauntingly  told,  that  people  in  the 
city,  who  are  inclined  to  study,  do  not,  for  that  pur- 


174  DEBATES  IN  FULL. 

pose,  seek  those  parts  of  the  town  most  beset  with  the 
noise  of  carts,  and  the  clamor  of  commerce. 

And,  as  if  to  draw  the  mind  entirely  away  from  the 
point  in  debate,  that  is,  from  a  simple  comparison  of 
advantages,  where  both  places  are  admitted  to  have,  at 
least,  some  claims  to  the  thing  in  dispute,  we  are  boast 
fully  reminded,  that  in  cities  there  are  capital  schools, 
capital  lectures,  and  capital  everything !  Surely,  sir, 
this  is  somewhat  ingenious  in  the  way  of  logic  ;  but  is 
it  candid?  Is  it  ingenuous  ? 

It  was  further  argued,  that  the  country  is  compara 
tively  free  from  the  vicious  associations  that  are  always 
collected  in  large  cities ;  and  forthwith  a  gentleman 
tells  us  that  evil  exists  everywhere,  and  then  quotes 
Scripture  to  show  what  nobody  denies,  namely,  that  we 
must  "resist  the  devil."  This  is  another  specimen  of 
logical  ingenuity ;  but  it  wants  the  very  life  and  soul 
of  logic,  that  is,  the  open  and  ingenuous  spirit,  that  be 
fits  the  investigation  of  truth. 

Such,  sir,  is  the  reasoning,  which  has  here  been 
employed,  in  the  attempt  to  invalidate  the  claims  of 
the  country  to  superior  regard,  as  a  place  of  residence. 
Yain  attempt!  "God  made  the  country,"  some  one 
has  well  observed,  "but  man  made  the  city;"  and 
there  is  here,  as  in  all  things  else,  the  same  measureless 
distance  between  the  works  of  divinity  and  the  works 
of  humanity. 

The  city,  sir,  is  a  contrivance  of  trade, — trade  that 
fosters  "  the  love  of  money,  which  is  the  root  of  all 
evil," — trade,  that  enslaves  all  the  powers  of  the  mind, 
and  lashes  them  into  the  degrading  service  of  Mam 
mon, — trade,  that  tempts  men  to  trickery  and  false- 


TOWN  AND   COUNTRY.  175 

hood, — trade,  that  makes  them  hasten  to  be  rich,  and 
so  "  pierce  themselves  through  with  many  sorrows." 

The  city,  sir,  is  the  convenience  and  theatre  of 
fashion, — fashion  that  engenders  fops  and  fools  who 
delight  in  simulation  and  (^simulation ;  anxiously 
laboring  to  seem  to  be  what  they  are  not,  and  not  to  be 
what  they  are, — fashion,  that  forms  and  fosters  hollow 
and  deceitful  friendships  and  alliances,  makes  happi 
ness  dependent  upon  the  cut  of  a  coat,  the  shape  of  a 
hat,  the  fit  of  a  boot,  or  the  length  of  a  moustache,  and 
resolves  all  gentility  into  a  slavish  conformity  with 
modes  of  dress  and  address,  often  absurd  and  ridicu 
lous,  and  rarely  convenient  to  nature. 

The  city  is  the  nursery  of  social  vice  ; — that  vice,  I 
mean,  that  can  thrive  only  in  the  midst  of  multitudes ; 
that  shelters  itself  under  the  concealments  of  trade,  and 
fashion,  and  politics,  and  whatever  else  may  yield  a 
fair  outside,  and  so  saps,  unseen,  the  very  foundations 
of  virtue. 

"Why  is  it,  sir,  that  people  worn  out,  or  disgusted 
with  the  toil  and  turmoil  of  trade,  or  with  the  empty 
and  wearisome  round  of  fashionable  dissipation,  or 
with  the  sorrowful  vicissitudes  of  political  ambition, 
fly  away  to  the  enchanting  embrace  of  rural  life,  and 
seek  in  nature's  path  what  was  vainly,  though  eagerly, 
pursued  amid  the  artificial  arrangements  and  conven 
tional  restraints  of  city  life?  It  is  because  the  coun 
try,  being  agreeable  to  nature,  furnishes  just  those 
means  and  modes  of  enjoyment,  which  are  the  most 
effective  and  permanent,  because  they  are  the  most 
reliable. 

There  healthful  labor  brings  its  natural  reward,' — 


176  DEBATES  IN  FULL. 

"  a  sound  mind  in  a  sound  lody"  There  the  eye  is 
gratified  with  scenes  of  beauty  and  sublimity ;  there 
the  ear  is  delighted  with  the  song  of  birds  and  all 
the  melody  of  nature ;  and  there,  if  we  will,  we  may, 
in  truth) — 

"  Look  through  nature  up  to  Nature's  God  P 


SIXTH    SPEAKER. 

Mr.  President, — I  have  no  disposition  to  imitate  the 
example  of  the  last  speaker,  in  complaining  of  the 
course  taken  by  others  in  the  debate ;  but  I  cannot 
resist  the  conviction,  that  the  real  point  in  dispute  has 
not  yet  been  fully  brought  out  and  discussed.  I  do 
not  flatter  myself,  that  /  shall  be  able  to  do  it,  as  it 
ought  to  be  done.  Yet,  something  in  this  way,  I  shall 
attempt. 

The  statement  of  the  case,  seems  to  be  this.  Two 
individuals,  early  in  life,  equal  in  health,  fortune,  and 
in  social  position,  propose  to  themselves  the  question  : 
11  "Which  is  preferable,  city  or  country  life  ?"  It  is  not 
which  would  be  preferable,  supposing  a  man  to  be 
eager  after  wealth,  or  fashion,  or  some  other  specific 
object,  which  cities  alone  can  confidently  promise,  be 
cause  of  the  number  and  variety  of  the  people  in 
them ;  neither  is  it,  which  would  be  preferable,  sup 
posing  a  man  to  be  in  quest  of  health,  or  disgusted 
with  the  tedious  and  trifling  ways  of  fashion,  or  worn 
out  with  the  cares  of  business,  or  dejected  and  dis 
heartened  by  the  disappointments  of  ambition,  or 
bent  upon  nothing  but  sober,  profound,  and  protracted 
studies. 


TOWN  AND  COUNTRY.  177 

The  question  respects  exclusively  neither  of  these 
supposed  conditions  or  characters ;  for,  if  it  did,  its  de 
cision  would  be  easy.  The  claims  of  the  city,  for  the 
one  party,  would  be  so  absolute  and  overpowering,  as 
to  be  quite  irresistible ;  while  the  claims  of  the  coun 
try,  for  the  other  party,  would  be  no  less  cogent  and 
convincing. 

Now,  with  this,  the  true  aspect  of  the  case,  that  is 
other  things  being  equal,  u  which  is  preferable,  town  or 
country  ?"  I  think  I  may  assume  a  position  in  favor 
of  the  former,  that  cannot  easily  be  controverted.  I 
set  out  with  the  observation,  that  the  town  affords 
several  advantages  which  cannot  be  had,  nor  compen 
sated  for,  by  a  resort  to  the  country.  There  is  a  cer 
tain  polish  and  refinement  acquired  in  city  circles,  or 
by  the  gentle  attrition  of  city  associations,  whether 
for  pleasure  or  business,  which  nothing  in  ordinary 
rural  life,  can  either  produce  or  atone  for. 

This  has  been  experienced  always  and  everywhere. 
The  very  words  civility,  from  civis,  in  Latin,  a  citizen  ; 
urbanity,  from  urbs,  a  city,  in  the  same  language ;  and, 
as  has  been  affirmed  by  some,  polite,  from  the  Greek 
polis,  a  city  ;  these  very  words,  I  say,  all  expressive  of 
that  suavity  and  polish  of  manners  that  are  essential 
to  the  true  gentleman,  show  what  has  been  the  judg 
ment  of  mankind  for  centuries,  respecting  the  influence 
of  cities  upon  human  character. 

A  second  peculiar  advantage  of  living  in  a  city, 
arises  from  the  multiplicity  and  proximity  of  its 
means  and  appliances  for  comfort  and  convenience. 
Whoever  has  experienced  the  annoyances  growing 
out  of  the  privations  of  country  life,  in  this  respect, 

8* 


178  DEBATES  IN  FULL. 

will  need  no  lengthy  argument  to  make  him  feel  its 
force.  Tn  the  country,  days  and  even  weeks  of  delay 
and  consequent  discomfort,  spring  from  the  want  of 
things  that  every  corner,  in  a  city,  offers  in  perpetual 
abundance. 

In  the  country,  with  but  few  intervals  of  relief, 
a  walk  in  the  roads  is  but  a  weary  wading  through 
mud,  or  snow,  or  a  ceaseless  contact  with  clouds  of 
dust.  In  the  city,  except  under  a  weak  and  inefficient 
administration  of  the  laws,  well-paved  streets  and 
walks,  and  withal,  well  cleaned  and  sprinkled,  invite 
the  pedestrian  to  out-door  business  or  exercise.  Even 
at  night,  when  the  country  is  everywhere  shrouded 
in  robes  of  darkness,  the  city,  all  brilliant  with  lamps, 
along  the  streets,  and  in  the  countless  shops  and  saloons, 
offers  both  pleasure  and  safety  in  walking  abroad. 

In  the  country,  such  is  the  temptation  to  imper 
tinent  curiosity,  that  everybody's  business  seems  to 
be  every  other  body's  business,  and  all  and  each,  like 
the  Athenians  of  old,  seem  "to  spend  their  time  in 
nothing  else,  but  either  to  tell,  or  to  hear  some  new 
thing."  In  the  city,  every  man  has  enough,  and 
sometimes  more  than  enough  of  his  own  business  to 
attend  to ;  and  so  it  comes  to  pass,  that  whether  one 
eats  or  drinks,  whether  he  rides  or  walks,  marries  or 
is  given  in  marriage,  buys  or  sells,  or  whatsoever  he 
does,  that  is  legal  and  proper,  arrests  no  special  atten 
tion,  and  calls  for  no  general  talk  or  silly  wonder 
ment. 

A  third  peculiar  benefit,  in  city  life,  is  impressively 
known  and  felt  only  when  we  are  taken  dangerously  ill, 
or  suddenly  meet  with  some  bodily  calamity.  In  the 


TOWN  AND   COUNTKY.  179 

country  where  the  population  is  sparse,  a  single  phy 
sician  is  all  that  can  ordinarily  be  supported,  in  a 
widely-extended  district. 

It  results,  especially  in  cases  of  sudden  and  danger 
ous  emergency,  that  the  greatest  delay  and  difficulty 
are  experienced  in  securing  timely  medical  aid  and  at 
tendance.  In  the  city,  on  the  contrary,  physicians 
and  surgeons  of  all  grades,  are  ever  at  hand,  because, 
in  cities  alone,  can  they,  in  such  numbers,  be  supported 
and  encouraged.  None  can  fail  at  once  to  see  the 
singular  superiority,  in  this  respect,  of  the  city  over  the 
country. 

But,  sir,  I  will  pursue  the  subject  no  farther.  I  will 
not  even  claim  the  privilege,  so  freely  accorded  to 
others,  that  of  calling  to  my  aid  the  sweet  voice  of 
song.  Eather  let  my  arguments,  whether  worthy  or 
worthless,  stand  all  alone  ;  unaffected  by  the  magic  in 
fluence  of  metre,  the  felicities  of  rhyme,  or  the  airy 
forms  of  imagination. 

I  will  only  remind  you,  in  conclusion,  that  the  ques 
tion  should  be  decided  on  general  grounds ;  that  the 
respective  claims  of  town  and  country  are  to  be  made 
upon  those  who  are  in  a  condition  to  choose,  without 
the  bias  or  necessity  resulting  from  particular  aims  or 
personal  and  peculiar  habits  or  infirmities. 

And,  judging  in  this,  the  only  fair  and  philosophical 
manner,  I  claim  for  the  city — that  splendid  result  of 
human  progress — that  glorious  achievement  of  asso 
ciated  labor  and  enterprise — that  spacious  field  for  the 
exercise  of  Christian  virtues — that  noble  encourager 
of  the  arts  and  sciences — that  matchless  medium  of 
trade  and  commerce — that  wondrous  combination  of 


180  DEBATES  IN  FULL. 

comfort  and  convenience— that  incomparable  nursery 
of  the  suavities  and  amenities  of  life,  a  true  and  trium 
phant  decision  in  our  favor. 

SPEECH    OF    THE    PRESIDENT.* 

Gentlemen, — The  debate,  on  the  present  occasion, 
though,  in  several  respects,  quite  meritorious,  exhibits, 
as  it  seems  to  me,  several  deficiencies  deserving  of  no 
tice.  Some  considerations,  decidedly  subordinate, 
have  been  injudiciously  compelled  to  wear  the  aspect 
of  weighty  reasons ;  while  arguments  of  real  power, 
through  some  want  of  skill  or  care  in  directing  their 
force,  have  either  been  kept  in  the  back  ground,  or 
made  altogether  to  miss  their  aim.  Besides  the  end  of 
all  wise  discussion, — the  elicitation  of  truth,  has  not  been, 
in  my  judgment,  sufficiently  kept  in  view.  The  spirit 
of  the  debate  seems  rather  to  have  been  the  spirit  of 
conquest. 

I,  therefore,  propose,  with  your  permission,  to  defer 
the  duty  of  summing  up  and  deciding,  which  devolves 
upon  me,  according  to  our  rules,  until  the  question  has 
been  more  largely  and  liberally  discussed ;  proposing, 

*  It  is  customary  in  some  societies,  after  the  debate,  to  leave  the 
decision  of  the  question  to  the  judgment  of  the  presiding  officer. 
"When  such  is  the  case,  it  is  usual  for  him  "  to  sum  up,"  that  is,  to 
pass  in  review  the  principal  arguments  employed  by  the  several 
speakers,  compare  them  one  with  another,  and  so  exhibit  the  grounds 
of  hi's  decision. 

In  the  present  instance,  the  President  is  made  to  defer  his  deci 
sion,  and  to  take  occasion,  in  its  stead,  to  offer  some  suggestions 
respecting  the  mode  of  conducting  a  discussion.  Such  incidental 
hints  or  instructions  a  discreet  presiding  officer  may  often  impart 
with  great  advantage. 


TOWN  AND   COUNTRY.  181 

for  this  purpose,  that  the  debate  be  resumed  at  our 
next  regular  meeting.  Meantime,  allow  me  to  occupy 
a  few  moments  in  venturing  upon  several  suggestions 
and  observations,  designed,  however  feebly,  to  impart 
to  the  debates  in  this  place  a  character  more  in  har 
mony  with  the  professed  object  of  our  Association, 
which  is,  you  know,  the  moral  and  intellectual  improve 
ment  of  our  own  members. 

I  set  out  with  this,  as  a  prime  rule  of  conduct  in  all 
debates,' — that  truth,  and  truth  only,  must  be  sought 
after,  cherished  and  advocated;  while  error,  whether 
in  ourselves  or  in  others,  whatever  sacrifice  it  may  cost 
us,  must  be  avoided,  discarded,  and  condemned.  This 
is  a  hard  rule  to  work  by ;  for  such  is  the  tenacity  with 
which  we  cling  to  opinions  and  prejudices  once  enter 
tained,  that  it  is  difficult  to  let  them  go,  and  more  dif 
ficult  still  to  confess,  even  by  implication,  that  we  have 
been  wrong. 

There  is  moreover,  a  certain  love  of  victory,  natural 
to  the  human  heart,  which  finds  nourishment  in  con 
tests  of  all  kinds,  and  which  often  tempts  the  unwary 
disputant "  to  make  the  worse  appear  the  better  reason," 
and  so  secure  a  triumph  at  the  expense  of  truth.  You 
can  not,  therefore,  my  friends,  be  too  cautious,  too  res 
olute,  or  too  self-denying,  in  the  application  of  this  rule. 

This  leads  me  to  a  second  precept,  closely  allied  to 
the  first,  namely,  to  enter  into  the  discussion  of  a  ques 
tion,  with  a  mind  prepared  to  accept  truth,  because  it 
is  truth  ;  no  matter  who  presents  it,  or  on  what  side  it 
appears.  Such  a  preparation,  however,  is  not  to  be  ac 
quired  without  effort.  It  implies  a  relinquishment  of 
all  disposition  to  take  unfair  advantages. 


182  DEBATES  IN  FULL. 

It  carefully  excludes  the  spirit  of  perversion  ;  toler 
ates  none  of  those  countless  shifts  and  subtleties  that 
officiously  offer  their  services  in  the  defense  of  error 
and  prejudice  ;  admits  what  is  true  as  readily  as  it  de 
nies  what  is  false ;  guards  the  speaker  against  the  in 
dulgence  of  petty  personalities  ;  teaches  him  to  exer 
cise  every  forbearance  and  every  courtesy,  but  at  all 
hazards,  through  whatever  clouds  of  words,  flashes  of 
wit,  assaults  of  satire,  or  thunder  of  oratory,  to  make 
his  way  steadily  into  the  presence  of  all- enchanting 
all-satisfying  truth. 

A  third  rule  of  discussion  is, — to  study  the  subject 
of  debate  well  beforehand,  and,  in  so  doing,  take  the 
widest  and  most  liberal  views  ;  determining  your  posi 
tion  only  after  pondering  deeply  both  sides  of  the  ques 
tion,  and  carefully  measuring  and  comparing  the  forces 
of  each  respectively.  And  when  once  you  have  chosen 
your  position,  seek  to  fortify  it  in  your  own  minds  by 
an  orderly  and  apt  arrangement  of  all  your  arguments ; 
so  that  when  you  come  to  be  put  upon  the  defense,  you 
may  have  perfectly  at  command  the  whole  of  your  re 
sources. 

This  being  done,  have  in  readiness  for  detail  and 
specification,  those  weak  and  untenable  grounds  which, 
by  previous  study,  you  have  ascertained  to  be  among 
the  defenses  of  those  who  take  the  opposite  side.  This 
will  command  for  you  the  respect  that  ever  falls  to 
him  who  is  found  to  be  acquainted  with  his  theme,  be 
sides  saving  you  the  mortification  of  confessing  igno 
rance  and  talking  at  a  venture. 

The  fourth  and  last  rule  which  time  here  allows  me 
to  offer,  is, — ever  to  observe  the  rules  of  order  and  the 


TOWN  AND   COUNTRY.  183 

courtesies  of  debate.  "  Order,"  it  lias  been  well  said, 
"  is  Heaven's  first  law  ;"  and  nowhere,  in  the  universe, 
is  that  law  more  indispensable  than  in  a  deliberative 
assembly. 

Every  speaker  should  feel  himself  under  the  strictest 
obligation  to  maintain  in  practice,  as  in  precept,  the 
rules  and  regulations  adopted  for  the  government  and 
conduct  of  our  meetings.  ISTor  is  this  all.  Above  and 
beyond  all  the  written  requirements  of  the  case,  there 
is  a  certain  educated  refinement  of  manners, — a  suavity 
of  look,  of  word,  and  of  act,  without  which  all  dis 
cussion  savors  of  insolent  contradiction,  all  debate  sinks 
down  into  noisy  wrangling. 

He,  then,  who  indulges  much  in  the  use  of  repartee, 
or  satire,  or  ridicule,  or  whose  deportment  is  so  shaped 
as  to  wound  the  feelings  of  his  opponent,  thereby 
proves  himself  a  practical  enemy  to  the  investigation 
of  truth ;  since  his  conduct  shuts  up  all  the  reliable 
avenues  to  conviction,  turns  the  discussion  into  a  con 
test  of  abusive  utterances,  and,  instead  of  friendship, 
generates  a  brood  of  antipathies  and  resentments,  that 
not  only  outlast  the  excitement  of  the  occasion,  but 
often  go  with  us  through  all  subsequent  life.  It  is, 
therefore,  impossible  to  be  too  strict  in  the  observance 
of  this  last  rule ;  for,  in  debating  societies,  as  in  all 
others,  the  precept  of  the  Apostle  is  equally  imperative, 
"Let  all  things  be  done  DECENTLY  and  IN  ORDER." 

I  forbear,  Gentlemen,  further  to  test  your  patience. 
I  have  no  apology  to  offer  for  thus  assuming  to  myself 
the  office  of  an  adviser ;  unless  it  can  be  found  in  the 
well-meant,  if  not  well-considered,  endeavor  to  advance 
the  common  interests  of  our  Association. 


SECTION   XL 

DEBATES    IN    OUTLINE. 

TTTHAT  are  here  called  Debates  in  Outline,  are  not, 
nor  are  they  designed  to  be,  elaborate  synopses 
of  all  the  arguments  pro  and  con,  that  may  be  adduced 
in  discussing  the  several  questions  proposed.  They 
are  to  serve  merely  as  hints  and  suggestions,  as  thoughts 
likely  to  beget  thoughts. 

He,  therefore,  that  consults  these  outlines  with  any 
view  to  improvement,  should  consider  their  design, 
and  act  upon  it.  He  should  regard  them  not  so  much 
as  arguments,  as  the  sources  of  arguments :  keeping 
always  in  mind,  that  what  we  ourselves  excogitate, 
however  humble,  and  however  often  thought  of  by 
others,  is,  for  all  the  purposes  of  mental  training,  a 
thousand  times  more  valuable  than  the  best  and  the 
most  brilliant  arguments,  if  merely  borrowed  from 
other  people. 

Yet,  reading  and  conversation  are  not,  therefore,  to 
be  despised  or  neglected,  as  useless  or  injurious.  The 
error  to  be  avoided,  is  that  of  substituting  reading 
and  talking  for  the  weightier  matters  of  thinking  and 
reasoning. 


DEBATES  IN  OUTLINE.  185 

Can  we  reasonably  indulge  the  hope  of  Universal  Peace  f 

FIRST  SPEAKER.  (Affirmative)* — That  war  is  unnec 
essary,  and,  therefore,  unjustifiable,  is  a  conviction 
which  reflecting  men  will  find  it  difficult  to  resist. 
Every  fresh  experience  serves  only  to  weaken  our 
confidence  in  the  arbitration  of  the  sword,  and 
strengthen  that  which  we  have  in  the  decisions  of 
reason.  This  renders  the  hope  of  universal  peace 
quite  a  rational  one. 

SECOND  SPEAKER.  (Negative.) — Wars  generally 
originate  in  causes  inseparable  from  the  character  of 
human  nature, — ambition  and  selfishness.  As  long  as 
these  last,  there  will  be  war  and  bloodshed.  You 
must  change  the  radical  nature  of  man,  therefore,  be 
fore  you  can  hope  for  universal  peace. 

THIRD  SPEAKER.  (Affirmative.) — It  is  the  glory  of 
Christianity,  that  it  changes  the  heart  of  man;  im 
planting  therein,  in  place  of  the  evil  passions  which  we 
by  nature  inherit,  or,  by  practice,  too  readily  acquire, 
those  qualities  of  heart  and  mind,  which  cannot,  for  a 
moment,  tolerate  the  presence  of  war. 

FOURTH  SPEAKER.  (Negative.) — Experience  shows 
that  Christians  do  not  scruple  to  go  to  war.  Some  of 
the  fiercest  and  foulest  contests  have  been  carried  on  by 
Christians,  and  that,  too,  under  the  name  of  Chris 
tianity.  Witness  the  Crusades. 

FIFTH  SPEAKER.  (Affirmative.) — What  are  often 
called  Christian  nations,  said  an  acute  and  pious 


186  DEBATES  IN  OUTLINE. 

clergyman  of  New  England,  should  rather  be  called 
christened  nations.  It  is  not  the  name  and  profession 
of  Christ  merely,  that  is  to  eradicate  evil  from  the 
world,  but  the  true  spirit  of  his  religion.  That  re 
ligion  certainly  promises  the  reign  of  universal  peace. 
It  is,  therefore,  reasonable  to  expect  it 


Ought  Emulation  in  Schools  to  be  encouraged  ? 

FIRST  SPEAKER.  (Affirmative) — People  never  put 
forth  their  best  efforts  without  the  stimulus  of  rivalry. 
There  must  be  something  to  be  gained,  as  also  some 
thing  to  be  lost,  or  all  energy  will  be  paralyzed.  This 
is  the  experience  of  mankind,  and  it  ought  to  have 
weight  in  our  decision. 

SECOND  SPEAKER.  (Negative.) — Emulation  is  the 
parent  of  antipathy.  Its  presence  in  schools  is  fraught 
with  mischief.  It  defeats  all  attempts  at  cultivating 
the  spirit  of  brotherhood,  because  it  virtually  sets  one 
against  another. 

THIRD  SPEAKER.  (Affirmative) — Eivalry,  in  a 
school,  is  not  necessarily  bitter  and  vindictive.  It 
must  be  generous.  It  must  be  regarded  and  used  as 
a  healthful  incentive.  It  may  be  perverted,  but  this 
should  not  lead  to  its  entire  disuse. 

FOURTH  SPEAKER.  (Negative) — All  rivalry  presup 
poses,  that  some  must  be  beaten.  Few  only  can  be 
rewarded  as  victors ;  the  many  must  suffer,  however 


DEBATES  IN  OUTLINE.  187 

diligent,  or  otherwise  deserving,  the  mortifications  of 
open  defeat. 

FIFTH  SPEAKEE.  (Affirmative.) — The  chances  of  suc 
cess  are  equal,  and,  therefore,  the  unsuccessful  have 
no  right  to  complain.  In  the  great  world  without, 
to  which  schools  ought  to  be  preparatory,  rewards  are 
perpetually  made  dependent  upon  the  same  conditions, 
and  no  one  complains,  or  has  a  right  to  complain. 

SIXTH  SPEAKER  (Negative) — The  chances  of  suc 
cess  are  not  equal,  because  there  is  no  necessary  equality 
of  talent  or  genius  in  the  competitors.  The  whole  is 
arranged,  as  though  every  thing  depended  upon  the 
industry  and  perseverance  of  the  rival  candidates ; 
whereas  the  most  laborious  and  persistent  effort  is  often 
the  least  successful,  because  nature  has  denied  the  requi 
site  measure  of  ability.  The  rivalry  thus  becomes  the 
source  of  injustice,  of  bitter  heartburnings  and  rancor 
ous  hostility. 


Is  Party  Spirit  productive  of  more  Good  than  Evil  ? 

FIRST  SPEAKER  (Affirmative) — Experience  has 
shown,  that  all  men  act  better  under  close  supervision, 
than  when  left  to  themselves.  Party  spirit  generates 
watchfulness-  on  both  sides,  and  so  keeps  both  sides 
close  to  the  path  of  duty. 

SECOND  SPEAKER.  (Negative) — Party  spirit  with 
draws  the  mind  and  heart  from  our  common  country  and 
her  best  interests  to  place  them  on  a  particular  party. 


188  DEBATES  IN  OUTLINE. 

It  makes  us  eager  to  carry  personal  and  private  meas 
ures,  and  forgetful  of,  or  unjust  to,  the  general  well- 
being.  It  makes  the  chief  concern  to  be,  not  how  shall 
the  whole  country  prosper,  but  how  shall  a  party  tri 
umph? 

THIRD  SPEAKEE.  (Affirmative.) — It  is  well  known, 
that,  men  long  in  power  are  apt  to  become  haughty  and 
oppressive,  and  that,  unwatched,  they  will  fall  into  many 
wrong  practices.  Party  spirit,  in  such  case,  acts  as  a 
corrective.  It  takes  unfit  men  out  of  office,  and  sup 
plies  their  places  with  others  more  suitable.  It  thus 
operates,  also  as  a  warning  to  those  who,  in  official  sta 
tion,  are  prone  to  oppression  or  injustice. 

FOURTH  SPEAKER.  (Negative) — Party  spirit  begets 
such  rancor,  as  ought  never  to  exist  in  one  man's  heart 
towards  another.  Under  this  influence,  men  will  quar 
rel,  fight  and  even  kill  one  another,  though  citizens  of 
the  same  city,  and  professedly  loving  the  same  country, 
and  the  same  civil  institutions. 

FIFTH  SPEAKER.  (Affirmative.) — Party  spirit  may  be 
rancorous,  but  that  is  true  of  the  spirit  that  operates 
even  in  religious  disputes.  Shall  all  discussions  in  poli 
tics  and  religion,  all  parties  and  denominations  cease, 
because  men  will  sometimes  quarrel  about  these  things  ? 
Are  not  the  disputes  occasioned  by  party  spirit,  the 
means  of  turning  men's  minds  upon  political  rights 
and  privileges,  which  might  otherwise  be  overlooked 
and  lost? 

SIXTH  SPEAKER.   (Negative) — The  spirit  of  party  is 


DEBATES  IN  OUTLINE.  189 

not  to  be  confounded  with,  and  mistaken  for,  the  spirit 
of  patriotism.  It  is  strictly  a  selfish,  not  a  benevolent 
spirit.  It  is  an  unscrupulous  spirit.  It  is  not  ashamed 
to  resort  to  falsehood  to  accomplish  its  ends.  It  is  the 
spirit  that  results  in  urging  men  to  slander  their  neigh 
bors,  in  producing  riots,  in  civil  war  and  bloodshed. 

SEVENTH  SPEAKEE.  (Affirmative.} — Party  spirit  en 
ables  the  poor,  but  honest  man  to  get  office,  as  well  as 
the  rich.  It  brings  associated  effort  and  means  to 
bear,  in  such  case,  and  so  prevents  that  odious  aris 
tocracy  of  money,  which  is  ever  ready  to  show  its 
haughty  airs  and  oppressive  domination. 

EIGHTH  SPEAKER.  (Negative) — Party  spirit,  instead 
of  being  the  friend  and  supporter  of  the  poor,  but 
honest  man,  is,  in  general,  the  sadly  misdirected  agent 
of  the  worst  men  and  the  worst  measures.  It  arrays 
citizen  against  citizen,  and  deters  good  men  from  be 
coming  candidates  for  office,  by  the  certain  doom  of 
being  exposed,  in  their  private  characters,  to  every 
outrage  and  indignity  which  slander  and  malignity  can 
conceive  or  execute.  Many  countries  have  already 
been  ruined  by  this  execrable  spirit ;  and,  in  our  own, 
its  destructive  tendencies  are  every  day  becoming 
more  and  more  apparent. 


Are  Debating  Societies  more  beneficial  than  injurious? 

FIRST  SPEAKER.     (Affirmative) — Whatever  tends  to 
unfold  truth  and  explode  error,  is  doubtless  useful. 


190  DEBATES   IN  OUTLINE. 

Debating  societies,  well  managed,  do  this,  and,  there 
fore,  justly  claim  to  be  always  far  more  beneficial  than 
injurious. 

SECOND  SPEAKEE.  (Negative?) — Debating  Societies 
are  usually  composed  of  young  persons,  who  are 
apt  to  treat  the  gravest  and  profoundest  subjects  in  a 
light  and  superficial  manner.  In  this  way,  minds  not 
yet  formed  by  study  and  reflection,  are  more  likely  to 
injure  than  to  benefit  one  another. 

THIKD  SPEAKER.  (Affirmative?) — There  is  no  such 
thing  as  unmixed  good  in  the  world.  If,  therefore, 
you  reject  Debating  Societies  on  the  ground  of  their 
being  liable  to  abuse,  you  may  as  well  reject  hundreds 
of  other  good  things  for  the  same  reason.  They  in 
voke  thought,  lead  to  useful  comparisons  of  ideas, 
and  so  strengthen  the  mind. 

FOURTH  SPEAKER.  (Negative.) — They  beget  a  dis 
putatious  spirit ;  making  people  delight  not  so  much 
in  the  acquisition  of  knowledge  and  the  discovery  of 
truth,  as  in  captious  criticism,  and  in  the  pride  of 
victory. 

FIFTH  SPEAKER.  (Affirmative.) — Debating  Societies 
encourage  the  disposition  to  reading  and  study,  afford 
excellent  opportunities  for  practice  in  extempora 
neous  speaking,  place  us  in  the  way  of  wholesome 
criticism,  and  furnish  the  mind  with  a  wide  circle  of 
ideas. 


DEBATES  IN  OUTLINE.  191 


Have  the  Crusades  proved  more  beneficial  than  injurious 
to  mankind? 

FIRST  SPEAKER.  (Affirmative.} — The  first  result  of 
the  Crusades  was  to  break  the  chains  of  bondage, 
moral,  mental,  and  political,  which  held  in  abject 
slavery,  as  it  were,  the  nations  of  Europe.  This  they 
did,  by  discovering  to  the  down-trodden  and  ignorant 
masses  the  secret  of  their  own  strength,  and  enriching 
their  minds  with  knowledge,  previously  and  other 
wise  inaccessible. 

SECOND  SPEAKER.  (Negative.) — What  we  call  the 
Crusades  were  nothing  but  those  ferocious  wars,  waged 
in  the  name  of  religion,  and  often  carried  on  in  a 
spirit  befitting  savage  marauders  rather  than  the  friends 
of  the  Cross.  The  ill  effect  of  the  Crusades  upon  the 
Christian  religion  itself,  was  incalculable:  destroying 
confidence  in  the  truth  and  purity  of  a  faith,  in  the 
cause  of  which,  professedly,  such  immoralities  and  bar 
barities  were  committed. 

THIRD  SPEAKER.  (Affirmative.) — The  origin  or  se 
cret  motive  of  the  Crusades  is  not  here  in  dispute. 
The  spirit  in  which  they  were  conducted,  it  is  not  our 
present  business  to  consider  or  characterize.  Bad  or 
good,  these  belong  not  properly  to  the  matter  in  hand. 
Have  the  Crusades  resulted  well,  not  had  they  a  pure 
origin,  is  the  question.  They  certainly  revolutionized 
the  institutions  and  customs  of  the  day,  disseminated 
information,  gave  unity  of  purpose  to  masses  hitherto 


192  DEBATES  IN  OUTLINE. 

divided  by  distance  and  by  feuds,  and  planted  the 
seeds  of  civil  liberty,  which  have  come  up  in  the  shape 
of  well-ordered  and  free  states,  and  otherwise  variously 
improved  the  condition  of  the  world. 

FOURTH  SPEAKER.  (Negative.) — The  spirit  of  perse 
cution  generated  or  fostered  by  those  wicked  expedi 
tions,  which  has  since,  in  so  many  instances,  displayed 
its  terrible  rage,  is  among  the  results  of  the  crusades. 
If,  therefore,  we  look  exclusively  at  results,  this  one 
bad,  horribly  bad,  consequence  of  them,  ought  to  out 
weigh  a  score  of  those  advantages  commonly  said  to 
have  come  from  them. 

FIFTH  SPEAKER.  (Affirmative.) — No  extensive  refor 
mation  was  ever  made  in  any  age,  or  country,  that  did 
carry  with  it  the  necessity  of  strong  measures,  and 
exhibit  from  the  blindness  and  weakness  of  even 
good  men,  certain  excesses  deeply  to  be  deplored. 
The  career  of  Cromwell,  though  ultimately  produc 
tive  of  inestimable  benefits,  was  often  marked  by 
acts  that  his  best  friends  must  forever,  and  deeply 
regret. 

SIXTH  SPEAKER.  (Negative.) — It  is  taken  for  grant 
ed,  generally,  that  numberless  benefits,  moral,  social 
and  political,  flowed  from  the  Crusades,  which  can 
not  be  shown  to  have  had  this  origin.  Besides,  all 
these  benefits  might,  could,  and  in  due  time,  would, 
have  been  realized  from  the  exercise  of  truly  Christian 
virtues,  without  resort  to  barbarous  wars. 


I 

DEBATES  IN   OUTLINE.  193 


Is  there  more  of  real  than  of  imaginary  evil  in  the  world? 

FIRST  SPEAKER.  Affirmative) — All  evil  is  real,  what 
ever  its  source.  But  of  that  kind  which,  is  meant  in 
this  question,  that  is  to  saj,  evil  created  by  causes 
really  existent,  and  not  merely  imaginary,  the  amount 
is  vastly  greater  than  that  which  is  the  offspring  of 
fancy.  Hunger,  cold,  disease  and  the  like  realities, 
leave  no  parallel  in  the  list  of  fancied  adversities. 

SECOND  SPEAKER.  (Negative.) — The  terrors  of  imagi 
nary  calamity  beset  us  from  childhood  to  old  age.  Who 
can  estimate  the  mental  agonies  of  childhood,  suffer 
ing  under  the  absurd  impression  of  ghosts  hovering 
around  a  neighboring  tomb,  or  graveyard  or  dwelling  ? 
What  chilling  terrors  often  shake  the  frames  of  older 
folks  under  the  same  delusive  apprehensions  ? 

THIRD  SPEAKER.  (Affirmative) — The  cases  even  of 
children,  to  say  nothing  of  older  people,  affected  by  fear 
of  spectres,  are  comparatively  few.  But  the  real  sources 
of  misery,  those  which  reason  cannot  dispel,  are  le 
gion. 

FOURTH  SPEAKER.  (Negative) — Apprehended  evils 
are,  perhaps,  quite  as  numerous  as  any  real  ones.  They 
are,  moreover,  all  the  more  severe,  as  they  are  aggra 
vated  indefinitely  by  the  same  fertile  faculty,  that  orig 
inates  them.  Fancy,  unrestrained  by  reason,  is  the 
mother  of  endless  despondent  day-dreams,  the  prolific 
source  of  hypochondriac  or  maniacal  hallucination ; 
often  the  cause  of  incurable  madness.  What  evil  is 
comparable  to  the  loss  of  reason  ? 

9 


194:  DEBATES  IN  OUTLINE. 

Is  a  lie  ever  justifiable? 

FIRST  SPEAKER.  (Affirmative) — A  lie  is  a  story  told 
with  the  intention  to  deceive.  The  question,  therefore, 
may  be  resolved  into  this, — Is  there  any  such  thing  as 
innocent  deception?  It  is  innocent,  when  practiced 
merely  for  sport,  or  for  the  benefit  of  the  party  deceiv 
ed  ;  as,  where  a  sick  child  that  dreads  medicine,  is  as 
sured,  that  it  is  not  medicine,  but  something  else,  or 
when  a  robber  is  diverted  from  his  purpose,  by  a  time 
ly  and  ingenious  falsehood. 

SECOND  SPEAKER.  (Negative.) — There  is  no  such 
thing  as  a  "  timely  falsehood  ":  all  lying  is  untimely,  be 
cause  it  is  always,  directly  or  indirectly,  the  fruitful 
source  of  mischief  and  misery.  Telling  lies,  in  order 
to  induce  children  to  perform  a  duty,  is  only  teaching 
them  indirectly  to  sacrifice  truth  to  expediency.  They 
will  follow  your  example,  and  apply  it  to  cases  other 
than  those  of  seeming  necessity.  You  may  sometimes 
ward  off  present  evil,  perhaps,  by  resort  to  falsehood ; 
but  the  injury  done  to  truth,  in  all  such  cases,  is  great 
er  than  that  avoided  by  its  violation. 

THIRD  SPEAKER.  (Affirmative.) — May  I  not  save  my 
life,  which  is  endangered  by  the  assaultof  a  madman, 
by  practicing  a  deception  upon  him  ?  May  I  not  cheer 
and  solace  a  despondent  patient,  by  exciting  false,  but 
flattering  hopes  ?  Shall  I  deny  my  correspondent  the 
courtesy  implied  in  the  usual  close  of  a  letter — "  Your 
Obt.  Servant,  &c.,  &c."  merely  because  it  is  strictly  a  de 
parture  from  truth  ?  May  not  a  general  practice  false- 


DEBATES  IN  OUTLINE.  195 

hood  to  deceive  and  embarrass  his  enemy  ?  May  not 
one  who  has  fallen  into  the  hands  of  savages,  save  him 
self  from  their  ferocity,  if  necessary,  by  lying  ? 

FOURTH  SPEAKER.  (Negative.) — It  is  easy  to  multiply 
cases,  wherein  lying  would  seem  to  be  innocent,  be 
cause  it  procures  a  benefit.  But  all  such  argumenta 
tion  falls  instantly  to  the  ground,  when  you  remember, 
that,  whatever  may  be  our  ideas  of  expediency  and  in 
expediency,  of  right  and  of  wrong,  the  rule  which  God 
has  established,  in  the  case,  is  one  that  admits  of  no 
exceptions.  There  is  no  license  to  lie ;  for  we  may  not 
do  evil  even  that  good  may  come. 


Which  is  the  more  detrimental,  to  he  too  credulous  or 
too  suspicious? 

FIRST  SPEAKER.  Credulity  is  the  parent  of  serious 
evils  in  every  department  of  life.  It  invites  imposi 
tion,  and  brings  the  greater  pain,  because  it  is  ever  at 
tended  with  the  consciousness,  that  we  are  deceived  by 
our  own  folly. 

SECOND  SPEAKER.  Perpetual  suspicion  is  perpetual 
terror.  It  were  better  to  be  often  deceived  by  false  ap 
pearances  and  promises,  than  to  suffer  the  evil  of  fre 
quently  rejecting  what  is  true  and  reliable,  under  the 
impression  that  deception  lurks  in  everything. 

THIRD  SPEAKER.  Suspicion  saves  a  man  of  business 
from  being  ruined  in  his  dealings.  It  throws  continual 


196  DEBATES  IN  OUTLINE. 

safeguards  around  his  transactions,  while  credulity  ex 
poses  him  at  every  turn  to  the  wiles  of  sharpers. 

FOURTH  SPEAKER.  Suspicion  may  often  save  a  man 
from  the  wiles  of  sharpers,  but  just  as  often  cuts  him 
off  from  the  intercourse  and  sympathy  of  honest 
men.  It  begets  in  the  soul  foul  opinions  of  mankind, 
and  is  apt  to  make  the  man  that  harbors  it,  just  what 
he  deems  other  men  to  be.  Credulity,  on  the  other 
hand,  takes  kind  and  liberal  views  of  humanity.  It 
is  one  of  the  phases  of  charity — the  spirit  that  "  think- 
eth  no  evil." 

FIFTH  SPEAKER.  Credulity  is  the  greatest  of  all 
cheats.  It  cheats  a  man  out  of  his  understanding.  It 
makes  him  see  all  things  in  the  wrong  light.  It  believes 
w%at  is  false,  as  readily  as  it  receives  what  is  true.  It 
sallows  the  lie  that  is  ruinous  to  a  friend,  as  quickly 
as  it  takes  in  the  truest  statements  against  a  malicious 
enemy.  It  confounds  all  the  ordinary  distinctions  be 
tween  what  is  probable  and  improbable.  It  ignores  all 
just  and  safe  discrimination. 

SIXTH  SPEAKER.  Suspicion  shuts  out  of  the  heart 
all  that  gives  confidence.  Now,  confidence  between 
man  and  man  is  the  very  foundation  of  society,  the  in 
dispensable  element  of  the  social  compact.  Whatever 
weakens  and  disturbs  this  feeling,  wars  against  the  best 
interests  of  mankind.  It  divides  friends,  it  excites  an 
tipathies,  it  deranges  business,  it  dissolves  the  most  ten 
der  and  the  most  sacred  connections  and  associations 
of  every  kind. 


DEBATES  IN  OUTLINE.  197 

Is  the  miser  more  injurious  to  society  than  the 
spendthrift  ? 

FIEST  SPEAKEE.  (Affirmative?) — Miser  means  miser 
able,  wretched.  The  application  of  this  name  to  a  per 
son  of  covetous  disposition,  sufficiently  evinces  the 
judgment  of  mankind  respecting  the  influence  of 
avarice.  It  makes  a  man  mean  and  miserable.  It 
is  hardly  possible,  by  any  stretch  of  prodigality,  to 
injure  one's  own  moral  nature  to  the  extent  created  by 
the  habitual  exercise  of  covetous  practices.  "  Covet- 
ousness  is  idolatry."  This  is  Bible  testimony.  It  has 
no  god  but  money. 

SECOND  SPEAKER.  (Negative) — Does  not  the  spend 
thrift,  also,  bring  irreparable  mischief  on  himself? 
When  exhausted  of  his  means,  he  is  doubly  poor  ;  not 
only  without  money,  but  without  the  habits  necessary 
to  get  and  keep  it.  "What  must  be  his  remorse,  too, 
in  such  case,  knowing  that  his  wastefulness  has  brought 
him  to  want,  when,  had  he  been  frugal,  he  would 
have  had  enough,  and  something,  perchance,  to  spare, 
to  relieve  the  necessities  of  others. 

THIRD  SPEAKER.  (Affirmative) — The  miser  is  a 
voluntary  pauper.  He  denies  himself  and  his  family 
the  comforts  of  life,  while  he  has  money  in  abundance. 
He  denies  his  children  thorough  educational  training, 
and,  by  his  example,  inspires  others  with  the  love 
of  money,  which  is  "  the  root  of  all  evil." 

FOURTH  SPEAKER.  (Negative) — If  the  miser  denies 
bread  to  his  children  by  his  penurious  habits,  the 


198  DEBATES  IN  OUTLINE. 

spendthrift  does  precisely  the  same  thing  by  his  ex 
travagance.  The  doom  of  poverty  settles  equally  on 
both.  He  not  only  dissipates  his  own  private  means, 
to  an  extent  that  cripples  all  proper  business  energy, 
but  is  among  those  who,  by  squandering  capital,  pre 
vent  those  extensive  commercial  enterprises  that  tend 
so  much  to  elevate  and  enrich  a  nation. 

FIFTH  SPEAKER.  (Affirmative) — The  miser,  in  order 
to  hoard,  withdraws  large  sums  from  the  circulation 
of  a  country.  He  thus  prevents  money  from  doing  its 
appropriate  work,  and  so  diminishes  the  prosperity  of 
a  community. 

SIXTH  SPEAKER.  (Negative) — The  tendency  of  the 
course  of  a  spendthrift  is  evil  in  the  extreme  ;  because 
it  seduces  young  people  into  habits  of  expense  and 
recklessness,  and  is  wholly  at  war  with  the  spirit  of 
industry  and  economy.  It  is  all  the  more  pernicious, 
because  it  disguises  its  wickedness  under  the  name  of 
generosity ;  and,  under  that  plea,  is  not  unfrequently 
guilty  of  the  grossest  injustice. 

SEVENTH  SPEAKER.  (Affirmative) — The  habit  of 
regarding  money  as  the  chief  good,  and  as,  in  itself,  a 
thing  greatly  to  be  sought  after,  is  apt  to  generate  a 
spirit  of  dishonesty.  It  not  only  makes  men  mean, 
but  it  makes  them  unjust.  But,  if  it  had  no  other  ill 
effect,  its  tendency  to  make  a  few  immensely  rich, 
while  the  many  are  distressedly  poor,  renders  it  more 
dangerous  to  society  than  extravagance  ever  can  be. 

EIGHTH    SPEAKER.     (Negative) — Nothing    can    be 


DEBATES  IN  OUTLINE.  199 

made  out  of  the  argument,  that  avarice  generates  dis 
honesty,  for  prodigality  is  well  known  to  do  the  same 
thing,  only  in  a  higher  degree.  How  many  persons, 
young  and  old,  have  been  utterly  ruined  by  yielding 
to  the  temptations  to  dishonesty,  inspired  by  habits 
of  extravagance  !  Both  of  these  characters  are  worthy 
of  all  condemnation,  but  that  of  the  spendthrift  is  the 
more  injurious  to  society,  because  it  wastes  the  rewards 
of  industry,  and  offers  a  greater  number  and  variety 
of  temptations  to  the  young  and  the  thoughtless. 


Are  Theatres  more  beneficial  than  injurious? 

FIEST  SPEAKER.  (Affirmative.) — Whatever  exposes 
vice,  and  commends  virtue,  is  undeniably  a  public 
benefit.  This  is  the  special  office  of  the  drama.  It 
discovers  the  secret  springs  of  wicked  deeds,  brings 
virtue  out,  at  last,  always  triumphant,  and  so  gives 
wholesome  and  impressive  warning  to  those  disposed 
to  evil.  It  is,  in  short,  a  sort  of  school  of  morals. 

SECOND  SPEAKER.  (Negative) — If  the  office  of  the 
drama  is  to  expose  vice  and  commend  virtue,  it  cer 
tainly  has  not  been  very  true  to  its  obligations.  Plays, 
for  the  most  part,  abound  in  obscenities  and  pro 
fanities.  They  represent  vicious  characters,  in  colors 
so  fascinating,  that  unreflecting  people  rather  admire 
than  condemn  them. 

If  the  theatre  be  considered  a  school  of  morality, 
the  devil,  as  Dr.  Dwight  has  observed,  must  have 


200  DEBATES   IN  OUTLINE. 

turned  schoolmaster.  The  moral  instructions  of  the 
stage,  even  when  unexceptionable,  both  in  principle 
and  in  language,  fail  of  their  effect,  because  not  given 
in  the  right  time,  the  right  place,  and  under  the  right 
circumstances, 

THIRD  SPEAKER,  (Affirmative.) — Whatever  excep 
tions  may  be  found  or  imagined,  the  general  rule  is, 
that  the  drama  is  decidedly  in  favor  of  sound  morals. 
If  the  moral  teachings  of  the  theatre  fail  of  their  ob 
ject,  the  fault  lies  not  in  the  teaching,  but  in  the  dull 
ness  or  perverseness  of  the  pupils.  We  might  as  well 
take  exception  to  the  teachings  of  the  pulpit,  because 
so  many  turn  a  deaf  ear  to  the  voice  of  the  preacher. 
It  should  be  considered  a  great  advantage  in  the 
theatre,  that  it  attracts  and  teaches  classes  of  people, 
whom  the  appointed  agencies  of  the  church  seldom 
reach  or  affect. 

FOURTH  SPEAKER.  (Negative.)— It  is  idle  to  talk 
of  the  moral  tendencies  of  the  stage,  when  it  is  quite 
notorious,  that  actors  and  actresses  themselves,  to  say 
nothing  whatever  of  the  auditors,  are,  with  few  excep 
tions,  not  a  little  profligate  in  character.  The  plays, 
whether  you  regard  the  language,  the  sentiment,  the 
dress,  or  other  kindred  circumstances,  are  often  highly 
objectionable  in  point  of  delicacy  and  refinement 
What  must  be  the  character  and  tendency  of  that 
teaching,  which  attracts  and  delights  the  vicious,  and 
which  exercises  no  corrective  influence,  either  upon 
the  players  themselves,  or  those  who  habitually  attend 
upon  their  performances  ? 


DEBATES  IN  OUTLINE.  201 

FIFTH  SPEAKER.  (Affirmative^) — The  stage  is  con 
fessedly  beneficial  in  a  literary  point  of  view,  whatever 
we  say  about  its  moral  bearings.  For  justness  of  pro 
nunciation,  for  true  emphasis,  for  appropriate  gestures, 
for  all  the  graces  of  oratory,  it  stands  pre-eminent. 
"  Why  is  it,"  said  a  distinguished  clergyman  once  to  a 
great  actor,  "  that  you  players  are  able  to  excelour 
profession  in  awakening  and  prolonging  attention?" 
"It  is,"  said  the  actor,  "because  we  represent  fiction 
as  if  it  were  truth,  while  you  represent  truth  as  if  it 
were  fiction !"  The  theatre  is  a  school  of  oratory,  and 
the  excellence  of  its  instructions  is  well  attested  by 
the  fact,  that  extracts  from  plays  are  universally  em 
ployed  in  schools  and  colleges,  as  the  best  exercises  in 
elocution. 

SIXTH  SPEAKER.  (Negative^ — It  is  not  true  that  the 
pronunciation  of  the  player  is  always  in  accordance 
with  the  most  approved  standards.  In  the  matter  of 
emphasis,  gesture,  and  whatever  else  may  be  used  to 
aid  in  giving  the  true  effect  to  a  piece,  it  is  not  denied, 
that  great  actors  take  great  pains.  But,  in  general,  it 
may  be  ainrmed  with  entire  truth,  that  the  theatre  af 
fords  very  imperfect  exhibitions  of  character.  If 
Shakspeare's  plays  be  excepted,  few  others  will  be 
found,  which  do  not  frequently  represent  vice  and 
virtue  in  strange,  improbable,  and  often  impossible 
situations.  In  the  acting,  moreover,  there  is  little,  or 
nothing,  true  to  our  every-day  experience. 

SEVENTH  SPEAKER.  (Affirmative^) — Theatres  are 
excellent  means  of  amusement.  They  mingle  what  is 


202  DEBATES   IN   OUTLINE. 

useful,  with  what  is  entertaining,  and,  as  people  must 
have  entertainment,  the  theatre  becomes  a  great  public 
benefit  by  affording  it.  In  all  countries  some  public 
entertainments  have  been  found  necessary.  The 
Olympic  and  other  games,  &c.,  &c.,  sufficiently  at 
test  this. 

EIGHTH  SPEAKER.  (Negative.) — A  man's  character 
may  often  be  determined,  in  some  measure,  by  the 
character  of  his  amusements.  Now,  what  are  the 
amusements  at  the  theatre  ?  Are  they  such  as  good 
men, — such  as  people  of  the  best  and  purest  morals, 
can  fully  approve  and  patronize  ?  Are  they  not  no 
toriously,  such  in  general,  as  bring  together  and  enter 
tain  the  vile,  the  ignorant,  the  abandoned  ? 

NINTH  SPEAKER.  (Affirmative) — The  just  objects 
and  character  of  the  legitimate  drama  are  not  to  be 
confounded  with  everything  in  that  form,  presented 
on  the  stage.  The  theatre,  properly  managed,  is 
everything  that  has  been  claimed  for  it  in  this  debate, 
and  more.  It  is,  then,  emphatically  a  good  school ;  the 
players  being  good  men  and  women,  the  plays  being 
works  of  genius,  abounding  in  all  that  is  fitted  to  mend 
the  heart,  to  improve  the  taste,  to  please  the  imagina 
tion,  and  to  delight  the  eye  and  the  ear,  while  the 
audience,  refined,  cultivated,  or  at  least  moral  and 
respectable,  meet  and  part,  not  only  without  injury, 
but  with  positive  benefit.  Can  any  one  doubt  the 
utility  of  such  a  theatre  ? 

TENTH  SPEAKER.  (Negative.) — The  point  to  be  set 
tled  in  this  controversy  is  not  what  theatres  might  be, 


DEBATES  IN   OUTLINE.  203 

but  what  they  are.  As  they  now  exist,  and  are  man 
aged,  and  must  continue  to  be  managed,  in  all  like 
lihood,  they  are  the  sources  of  evil  in  many  forms. 
What  with  the  ill  tendencies  of  the  plays  themselves, 
what  with  the  ill  influence  on  the  players  and  their 
hearers,  what  with  the  late  hours  and  feverish  ex 
citement  which  they  necessitate,  what  with  the  bad 
associations  they  throw  in  the  way  of  the  young  and 
the  innocent,  what  with  the  drinking  shops,  the  gam 
ing  tables,  and  other  nameless  snares  and  abominations 
therein  and  thereabout  abounding,  the  theatre  seems 
really  incapable  of  producing  any  good  result  what 
ever. 


SECTION   XII. 

a 

QUESTIONS    WITH    REFERENCES. 

HERE  we  introduce  a  series  of  questions,  with  refer 
ences  under  each  to  authorities  or  sources  of 
information.  We  have  not  thought  it  desirable  to 
make  these  references  numerous:  the  object  being 
rather  to  afford  data  for  the  exercise  of  mind  than  to 
throw  open  volumes  exhausting  the  subjects  in  dis 
pute. 

I. 

OUGHT   THE   PRESS  TO  BE  WITHOUT  LEGAL   RESTRICTION? 

ENCYCLOPEDIA  AMERICANA, — Article,  "  BOOKS,  CENSORSHIP  OF." 
MILTON  on  the  Liberty  of  the  Press. 
HUME'S  Essay  on  the  Liberty  of  the  Press. 
COLERIDGE, — The  Friend.     Essay  XXL 
DWIGHT'S  Decisions. 

II. 

ARE  FICTITIOUS   WRITINGS   MORE   BENEFICIAL  THAN  INJURIOUS? 

DUNLOP'S  History  of  Fiction,  from  the  earliest  Greek  Romances  to  the 

Novels  of  the  Present  Day. 

WALTER  SCOTT'S  Criticism  on  Novels  and  Romances. 
AKENSIDE'S  Pleasures  of  the  Imagination. 
GOLDSMITH'S  Citizen  of  the  World,— Letter  LILT. 
MURRAY'S  Morality  of  Fiction,  or  an  Inquiry  into  the  Tendency  of 

Fictitious  Narratives. 


QUESTIONS  WITH  REFERENCES.  205 

HI 

DO   SPECTRES,    OB  GHOSTS  APPEAR? 

PENNY  CYCLOPEDIA, — Article,  "  APPARITION." 
WALTER  SCOTT'S  Demonology  and  Witchcraft. 
HIBBERT'S  Philosophy  of  Apparitions. 
D  WIGHT'S  Decisions. 

THACHER'S  Essay  on  Demonology,  Apparitions,  and  Popular  Super 
stitions. 

UPHAM'S  Lectures  on  Salem  Witchcraft. 
NEWNHAM'S  Essay  on  Superstition. 
DEFOE'S  History  of  Apparitions. 

IV. 

WAS    THE   BANISHMENT  OF  NAPOLEON  TO   ST.   HELENA  JUSTIFIABLE? 

ALISON'S  History  of  Europe. 

THIERS'  History  of  the  French  Empire. 

O'MEARA'S  Napoleon  in  Exile. 

SCOTT'S  Life  of  Napoleon. 

ABBOTT'S  Life  of  Napoleon. 

HAZLITT'S  Life  of  Napoleon. 

MONTHOLON'S  History  of  the  Captivity  of  Napoleon  at  St.  Helena. 

BOURRIENNE'S  Memoirs  of  Napoleon  Bonaparte. 

V. 

IS  WAR  JUSTIFIABLE? 

CHALMERS  on  the  Hatefulness  of  War. 

CHANNING  on  War. 

JAY'S  War  and  Peace. 

WAR  Inconsistent  with  the  Religion  of  Jesus  Christ,  (New  York  1815.) 

DWIGHT'S  Decisions. 

YI. 

OUGHT   CLASSICAL  STUDIES  TO  BE  ENCOURAGED? 

LOCKE'S  Thoughts  on  Education. 

ROBERT  HALL  on  Classical  Learning. 

WHEWELL'S  University  Education. 

SEARS,  EDWARDS  and  FELTON  on  Classical  Studies. 

DONALDSON'S  New  Cratylus, — Introductory  Chapter. 

DWIGHT'S  Decisions. 

ARNOLD'S  Miscellaneous  Writings,— Article,  "  RUGBY  SCHOOL." 


206  QUESTIONS  WITH  REFERENCES. 

vn. 

DOES  GEOLOGY  CONFIRM  THE  MOSAIC  ACCOUNT  OP  THE  CREATION? 

LTELL'S  Principles  of  Geology. 

HITCHCOCK'S  Religion  of  Geology. 

BUCKLAND'S  Geology  and  Mineralogy. 

WOOD'S  Mosaic  History  of  the  Creation,  illustrated  from  the  Present 
State  of  Science. 

TAYLER  LEWIS'  Six  Days  of  Creation. 

IRA  HILL'S  Theory  of  the  Formation  of  the  Earth. 

"  THE  Two  RECORDS — THE  MOSAIC  AND  THE  GEOLOGICAL  ;"  a  Lec 
ture  delivered  before  the  Young  Men's  Christian  Association,  in 
Exeter  Hall,  London. 

VIII. 

IS  THE   STUDY  OF  MYTHOLOGY  MORE  ADVANTAGEOUS  THAN  HURTFUL? 

KEIGHTLEY'S  Mythology. 

DWIGHT'S  Grecian  and  Roman  Mythology. 

BRYANT'S  Analysis  of  Ancient  Mythology. 

SIR  WILLIAM  JONES  on  the  Gods  of  Greece,  Italy  and  India. 

IX. 

WAS  THE  FEUDAL   SYSTEM  BENEFICIAL? 

PENNY  CYCLOPEDIA;  also,  BRANDE'S   ENCYCLOPEDIA  OF  SCIENCE, 

LITERATURE,  AND  ARTS, — Article,  "  FEUDAL  SYSTEM." 
HALLAM'S  State  of  Europe  during  the  Middle  Ages. 
BERLNGTON'S  Literary  History  of  the  Middle  Ages. 

X. 

IS  THE  SENTIMENT — 

"  For  forms  of  government  let  fools  contest ; 
What 's  best  administered,  is  best"— 

JUSTIFIABLE? 

ENCYCLOPEDIA  AMERICANA, — Article,  "NATURAL  LAW." 
ALGERNON  SIDNEY'S  Discourses  on  Government. 
MONTESQUIEU'S  Spirit  of  Laws. 
CARLYLE'S  Chartism. 

ADAMS'  Defense  of  the  Constitution  of  the  United  States. 
DE  TOCQUEVILLE'S  Democracy  in  America. 

AUSTIN'S  Constitutional  Republicanism  in  Opposition  to  Fallacious 
Federalism. 


QUESTIONS  WITH  REFERENCES.  207 

XI. 

ARE   CRITICAL  REVIEWS  ADVANTAGEOUS  TO   SCIENCE  AND  LITERATURE  ? 

ENCYCLOPAEDIA  AMERICANA, — Article,  "  REVIEWS." 
COLERIDGE'S  Biog.  Literaria, — Chap.  XXL 
BYRON'S  British  Bards  and  Scotch  Reviewers. 
DWIGHT'S  Decisions. 
MARGARET  S.  FULLER'S  Short  Essay  on  Critics. 

XII. 

IS  PHRENOLOGY  ENTITLED  TO  THE  RANK  OF  A  TRUE  SCIENCE? 

SPURZHEIM'S  Examination  of  Objections  to  Phrenology. 

COMBE'S  Elements  of  Phrenology. 

JOURNAL  of  the  London  Phrenological  Society. 

AMERICAN  Phrenological  Journal. 

REESE'S  Phrenology  known  by  its  Fruits. 

CALDWELL'S  Phrenology  Vindicated,  and  Anti-Phrenology  Unmasked. 

XIH. 

IS  THE  MAXIM,  "  A  POET  IS  BORN  SUCH,  NOT  MADE,"  TRUE? 

ENCYCLOPEDIA  BRITANNICA, — Article,  "  POETRY." 
ROBERT  HALL  on  Poetic  Genius. 

MACAULAY'S  Essay  on  Milton. — Modern  British  Essayists,  Vol.  I. 
JOHNSON'S  Rasselas, — Chap. 

JEFFREY'S    Review    of  Campbell's    Specimens  of  British    Poets. — 
Modern  British  Essayists,  Vol.  VI. 

XIV. 

CAN  THE  EXISTENCE  AND  ATTRIBUTES  OF  THE  SUPREME  BEING  BE 
DEDUCED  FROM  THE  LIGHT  OF  NATURE  ? 

CUDWORTH'S  Intellectual  System  of  the  Universe. 
PALEY'S  Natural  Theology. 
BRIDGEWATER  Treatises. 

STURM'S  Reflections  on  the  Being  and  Attributes  of  God. 
PLATO  against  the  Atheists ;  or  the  Tenth  Book  of  the  Dialogue  on 
Laws.    By  TAYLER  LEWIS,  LL.D. 


208  QUESTIONS  WITH  REFERENCES. 

XV. 

IS   CAPITAL  PUNISHMENT  JUSTIFIABLE? 

ENCYCLOPEDIA  AMERICANA, — Article,  "  DEATH,  PUNISHMENT  or." 

SPEAR'S  Essays  on  the  Punishment  of  Death. 

EDINBURGH  BE  VIEW,  Vol.  XXXV.,  p.  320. 

DWIGHT'S  Decisions. 

CHEEVER'S  Defense  of  Capital  Punishment,  and  LEWIS'  Essay  on  the 
Ground  and  Reason  of  Punishment. 

BRADFORD'S  Inquiry  on  the  Punishment  of  Death  in  Pennsylvania. 

SULLIVAN'S  Report  to  the  Legislature  of  New  York  on  Capital  Punish 
ment. 

XVI. 

WAS  THE    EXECUTION  OF   MARY   QUEEN  OF  SCOTS  JUSTIFIABLE? 

ROBERTSON'S  History  of  Scotland. 

HUME'S  History  of  England. 

BELL'S  Life  of  Mary. 

ABBOTT'S  Life  of  Mary  Queen  of  Scots. 

TYTLER'S  Historical  and  Critical  Inquiry  into  the  Evidence  produced 

against  Mary  Queen  of  Scots. 
WHITAKER'S  Vindication  of  Mary  Queen  of  Scots. 

XVII. 

IS   THERE  A  STANDARD   OF  TASTE?         « 

BLAIR'S  Lectures  on  Rhetoric. 

KAMES'  Elements  of  Criticism. 

ALISON  on  the  Nature  and  Principles  of  Taste. 

MACKENZIE'S  Theory  of  Taste. 

M'DERMOTT'S  Dissertation  on  Taste. 

GERARD'S  Essay  on  Taste. 

XVIII. 

IS  THERE   MORE  TO    APPROVE  THAN  CONDEMN  IN   THE  CHARACTER    OF 
OLIVER   CROMWELL? 

CARLYLE'S  Letters  and  Speeches  of  Oliver  CromwelL 
SOUTHEY'S  Life  of  Cromwell. 
HUME'S  History  of  England. 
CLARENDON'S  History  of  the  Rebellion. 
NOBLE'S  Memoirs  of  the  Cromwell  Family. 
WALTER  SCOTT'S  Tales  of  a  Grandfather. 
GODWIN'S  History  of  the  Commonwealth  of  England. 


QUESTIONS  WITH  REFERENCES.  209 

XIX. 

WHICH  WAS  THE  GREATER  POET,  HOMER  OR  MILTON? 

ADDISON'S  Papers  on  the  Paradise  Lost,  in  the  Spectator. 

BLAIR'S  Lectures  on  Rhetoric. 

COLERIDGE  on  the  Study  of  the  Greek  Poets. 

THIRWALL'S  History  of  Greece,  Vol.  I. 

POPE'S  Preface  to  his  Translation  of  the  Iliad. 

XX. 

ARE  THE  MENTAL  FACULTIES  OF  THE  SEXES  EQUAL? 

WALKER'S  Woman  Physiologically  -Considered,  as  to  Mind,  Morals,  &c. 
REV.  SIDNEY  SMITH'S  Essay  on  Female  Education — Modern  British 

Essayists,  Vol.  III. 

MRS.  JAMESON'S  Characteristics  of  Women,  Moral,  Poetical,  Historical. 
AIME'  MARTIN'S  Education  of  Mothers ;  Translated  by  EDWIN  LEE. 
FOREIGN  QUARTERLY  REVIEW,  No.  XXXIII, — Article  II. 
WESTMINSTER  REVIEW,  No.  LXVHI, — Article  II. 
DWIGHT'S  Decisions. 

MARGARET  S.  FULLER'S  Woman  in  the  Nineteenth  Century. 
MARIA  CHILD'S  History  of  Women. 
STARLING'S  Noble  Deeds  of  Women,  or  Examples  of  Female  Courage 

and  Virtue. 

XXL 

IS  THE  PREVAILING  SYSTEM  OF  EDUCATION  FOR  FEMALES  WORTHY  OF 
ENCOURAGEMENT  ? 

HANNAH  MORE'S  Accomplished  Lady,  or  Strictures  on  the  Modern 

System  of  Female  Education. 
REV.   SIDNEY  SMITH'S  Essay  on  Female  Education. — Modern  British 

Essayists.  Vol.  III. 

FENELON  on  the  Education  of  a  Daughter. 
MRS.  SIGOURNEY'S  Letters  to  Young  Ladies. 
Miss  SEDGWICK'S  Means  and  Ends,  or  Self-Training. 

XXII. 

IS    THERE  SUFFICIENT  REASON  FOR  A   BELIEF  IN    THE    NATIONAL  RES 
TORATION  OF  THE  JEWS. 

MILLMAN'S  History  of  the  Jews. 

CUNNINGHAM'S  Letters  and  Essays  on  Subjects  connected  with  the 

Conversion  and  Restoration  of  the  Jews. 
BICHENO'S  Restoration  of  the  Jews,  the  Crisis  of  all  Nations.  \ 


210  QUESTIONS  WITH  REFERENCES. 

XXIII. 

OUGHT  SECRET  SOCIETIES  TO  BE  TOLERATED? 

ROBINSON'S    Proofs  of  a  Conspiracy  against  all  the  Religions  and 

Governments  of  Europe,  carried  on  by  Free  Masons,  Illuminati, 

and  Reading  Societies. 
ARNOLD'S  Philosophical  History  of  Free  Masonry,  and  other  Secret 

-  Societies. 
ENCYCLOPAEDIA    AMERICANA, — Articles,    "  JESUITS,  OR  SOCIETY    OP 

JESUS,"  and  "  JESUITS,  written  by  a  Jesuit." 
STONE'S  Letters  on  Masonry  and  Anti-Masonry. 
LAWRIE'S  History  of  Free  Masonry. 
SECRET  SOCIETIES  of  the  Middle  Ages ;  (in  the  Library  of  Entertaining 

Knowledge.) 

XXIY. 

ARE  BANKS  MORE  USEFUL  THAN    INJURIOUS   TO  A  COMMUNITY? 

TUCKER'S  Theory  of  Money  and  Banks  Investigated 

GILBERT'S  History  and  Principles  of  Banking. 

LOGAN'S  Popular  Exposition  of  the  Practice  of  Banking  in  Scotland. 

LAWSON'S  History  of  Banking.    Revised,  with  numerous  additions,  by 

J.  SMITH  HOMANS. 

FRANCIS'  History  of  the  Bank  of  England. 
CLARKE'S  History  of  the  Bank  of  the  United  States. 
WESTMINSTER  REVIEW,  No.  LXVIII, — Article  IT. 

'      XXY 

OUGHT  THE  PROTECTIVE  POLICY  OR  FREE  TRADE  PRINCIPLES  TO 
PREVAIL? 

ADAM  SMITH'S  Wealth  of  Nations. 

FOREIGN  QUARTERLY  REVIEW,  No.  XXIX, — Article  I. 

BASTIAT'S  Sophisms  of  the  Protective  Policy. 

RAGUET'S  Principles  of  Free  Trade. 

LONDON  QUARTERLY  REVIEW,  No.  CXXXY, — Article  VII. 

RAE'S  New  Principles  of  Political  Economy  in  Refutation  of  Adam 

Smith's  Wealth  of  Nations. 
BLACKWOOD'S  MAGAZINE,   No.   CCCXLI,   for  March,  1844,— Article, 

"  CORN  LAWS." 

RICARDO'S  Principles  of  Political  Economy  and  Taxation. 
WAYLAND'S  Elements  of  Political  Economy. 


QUESTIONS  WITH  REFERENCES.  211 

XXVI. 

IS  THERE  A  POSSIBILITY   OF  REACHING  THE  NORTH  POLE? 

ENCYCLOPAEDIA  AMERICANA, — Article,  "  NORTH  POLAR  EXPEDITIONS." 

BARROW'S  Chronological  History  of  Yoyages  into  the  Arctic  Regions, 
from  the  Earliest  Period  to  Captain  Ross'  First  Yoyage. 

Ross'  Arctic  Yoyages. 

BARRINGTON'S  Possibility  of  Approaching  the  North  Pole  Asserted, 
with  papers  on  the  Northwest  Passage,  by  Col.  BEAUFOY. 

PARRY'S  Three  Yoyages  for  the  Discovery  of  the  North- West  Passage. 

SIR  JOHN  FRANKLIN'S  Arctic  Expeditions. 

KANE'S  Arctic  Expedition. 

ARCTIC  REGIONS,  being  an  account  of  the  Exploring  Expeditions  of 
Ross,  Franklin,  Parry,  Back,  M'Clure,  and  others,  with  the  English 
and  American  Expeditions  in  search  of  Sir  John  Franklin  (pub 
lished  by  Miller,  Orton,  and  Mulligan). 

XXYIL 

IS  EMULATION  A  WHOLESOME  STIMULANT  IN  EDUCATION? 

HOBBES  on  Envy  and  Emulation. 

COWPER'S  Tirocinium. 

DWIGHT'S  Decisions. 

EDGEWORTH'S  Practical  Education. 

GODWIN'S  Reflections  on  Education,  Manners,  and  Literature. 

XXVIII. 

WAS  THE  EXECUTION  OF  MAJOR  ANDRE  JUSTIFIABLE? 

ENCYCLOPAEDIA  AMERICANA, — Article,  "  BENEDICT  ARNOLD." 

BENSON'S  Vindication  of  the  Captors  of  Major  Andre. 

SMITH'S  Authentic  Narrative  of  the  Causes  which  led  to  the  Death  of 

Major  Andre*. 
Miss  SEWARD'S  Monody  on  the  Death  of  Major  Andre". 

XXIX. 

HAS  THE  AUTHOR  OF  JUNIUS  EVER  BEEN  IDENTIFIED? 

ENCYCLOPEDIA  AMERICANA,— Article,  "  JUNIUS." 
BRITTON'S  Authorship  of  the  Letters  of  Junius  Elucidated. 
JUNIUS  Identified  with  a  Distinguished  Living  Character,  (N.  Y.,  18]  8.) 
JUNIUS  Unmasked,    or  Lord  Sackville  proved  to  be  the  Author  of 
Junius,  (Boston,  1828.) 


212  QUESTIONS   WITH  REFERENCES. 

XXX. 

WOULD   THE   UNIVERSAL  PREVALENCE   OF  SOCIALISM  ADVANCE  THE 
INTERESTS   OF   HUMANITY? 

ROUSSEAU'S  Inquiry  into  the  Social  Contract. 
FISHER'S  Examination  of  Owen's  New  System  of  Society. 
CONSIDERATIONS  of  some  Recent  Social  Theories  (Boston,  1853). 
LONDON  QUARTERLY  REVIEW,  No.  CXXX,— Article  VI.  (ON  SOCIALISM). 
BLACKWOOD'S    MAGAZINE,    No.    CCCXLIX.,   for  November,    1844,— 
Article,  "  FRENCH  SOCIALISTS." 

XXXI. 

ABE  THE   MODERNS    SUPERIOR  TO   THE   ANCIENTS  IN    RHETORICAL 
SCIENCE  ? 

ARISTOTLE'S  Rhetoric,  translated  by  GILLIES. 

CICERO  De  Oratore,  translated  by  GUTHRIE. 

QUINCTILIAN'S  Institutes  of  Eloquence,  translated  by  GUTHRIE. 

LONGINUS  on  the  Sublime,  translated  by  W.  SMITH. 

DIALOGUE  on  Eloquence,  attributed  to  TACITUS,  translated  by  MURPHY. 

HORACE  De  Arte  Poetica,  translated  by  P.  FRANCIS. 

CAMPBELL'S  Philosophy  of  Rhetoric. 

KAMES'  Elements  of  Criticism. 

WHATELY'S  Rhetoric. 

XXXII. 

IS   GENIUS   INNATE? 

BROWN'S  Lectures  on  the  Philosophy  of  the  Human  Mind. 

REID'S  Inquiry  into  the  Human  Mind. 

LOCKE  on  the  Human  Understanding. 

SHARPE'S  Dissertation  on  Genius. 

WHIPPLE'S  Lecture  on  Genius. 

BLAIR'S  Lectures  on  Rhetoric. 

XXXIII. 

IS  THE   STORY   OF  THE  TROJAN  WAR  CREDIBLE? 

THIRW ALL'S  History  of  Greece. 

LE  CHEVALIER'S  Description  of  the  Plain  of  Troy. 

BRYANT'S  Dissertation  concerning  the  War  of  Troy. 

CHANDLER'S  History  of  Ilium,  or  Troy. 

GELL'S  Topography  of  Troy. 

WOOD'S  Essay  on  the  Genius  and  Writings  of  Homer. 


QUESTIONS  WITH  REFERENCES.  213 

XXXIY. 

ARE  NEGROES  INFERIOR  TO  WHITE  PEOPLE  IN  MENTAL 
CAPACITY? 

PENNY  CYCLOPEDIA, — Article,  "MAN." 

G-REGOIRE'S  Inquiry  Concerning  the  Intellectual  and  Moral  Faculties 

of  Negroes. 
BRANDE'S    Dictionary    of    Science,    Literature,    and    Art, — Article, 

"  NEGROES." 

PRICHARD'S  Researches  into  the  Physical  History  of  Mankind. 
LAWRENCE'S  Lectures  on  the  Comparative  Anatomy,  Zoology,  and  the 

Natural  History  of  Man. 
COMBE'S  Constitution  of  Man  Considered. 
ENCYCLOPEDIA  AMERICANA, — Article,  "AFRICA." 

XXXY. 

IS  THE   CHARACTER  OF  QUEEN  ELIZABETH  WORTHY  TO  BE 
ADMIRED  ? 

HUME'S  History  of  England 

AGNES  STRICKLAND'S  Queens  of  England. 

SHARON  TURNER'S  History  of  England  during  the  Reign  of  Edward 

VI,  Mary,  and  Elizabeth. 

LUCY  AIKIN'S  Memoirs  of  the  Court  of  Queen  Elizabeth. 
ABBOTT'S  Life  of  Elizabeth. 

XXXYI. 

IS  THE  STATEMENT, — "  EVERY  MAN  IS  THE  ARCHITECT  OF  HIS  OWN 
FORTUNE,"   TRUE? 

DAVENPORT'S  Lives  of  Individuals  who  have  raised  themselves  from 

Poverty  to  Eminence  and  Fortune. 
EDWARDS'  Biography  of  Self-Taught  Men. 
MIDDLETON'S  Life  of  Cicero. 
HUGH  MILLER'S  My  Schools  and  Schoolmasters. 
PURSUIT  of  Knowledge  under  Difficulties,  (published  by  the  Harpers.) 
BOYHOOD  of  Great  Men ;  also,  Footprints  of  Famous  Men,  (published 

by  the  Harpers.) 

PARTON'S  Life  of  Horace  Greeley. 
CABLYLE'S  Review  of  Heeren's  Life  of  Heyne,— Foreign  Review,  No. 

IV,,  1828. 


214  QUESTIONS  WITH  REFERENCES. 

x^rx  yn, 

WAS  THE  HARTFORD  CONVENTION  JUSTIFIABLE? 

DWIGHT'S  History  of  the  Hartford  Convention. 
OTIS'  Letters  in  Defense  of  the  Hartford  Convention. 


ARE  NOT  THE  VIRTUES  OF  THE  PURITANS  GENERALLY  OVER-ESTIMATED? 

NEAL'S  History  of  the  Puritans. 

GREY'S  Examination  of  Neal  on  the  Puritans. 

MADOX'S  Vindication  of  the  Church  of  England  against  Neal's  History 

of  the  Puritans. 
STOUGHTON'S  Heroes  of  Puritan  Times,  with  an  Introductory  Letter 

by  JOEL  HA  WES,  D.D. 
YOUNG'S  Chronicles  of  the  Pilgrim  Fathers. 


WAS  THE  EXECUTION  OF  CHARLES  THE  FIRST  JUSTIFIABLE? 

HUME'S  History  of  England. 

CLARENDON'S  History  of  the  Rebellion. 

GUIZOT'S  History  of  the  English  Revolution  in  1640,  from  the  Acces 
sion  of  Charles  I.  to  his  Death ;  translated  by  W.  HAZLITT. 

HALLAM'S  Constitutional  History  of  England ;  also,  MACAULAY'S  Re 
view  of  the  same  (in  Modern  British  Essayists,  Vol.  I.) 

ABBOTT'S  History  of  Charles  I. 

LUCY  AIKIN'S  Memoirs  of  the  Court  of  King  Charles  I. 

COURT  and  Times  of  Charles  I.  (London,  1848). 

WESTMINSTER  REVIEW,  No.  XLHI, — Article  II. 

XL. 

IS  THE  EARLY  LEGEND  OF  ROMULUS  AND  THE  FOUNDATION  OF  ROME 
ENTITLED  TO  CREDENCE? 

PLUTARCH'S  Life  of  Romulus. 
PENNY  CYCLOPAEDIA, — Article,  "  ROMULUS." 

ANTHON'S  CLASSICAL  DICTIONARY, — Articles,  "  ROMA"  and  "  ROM 
ULUS." 

ABBOTT'S  Life  of  Romulus. 
NIEBUHR'S  History  of  Rome. 
ABNOLD'S  History  of  Rome. 


SECTION   XIII. 

MISCELLANEOUS   QUESTIONS   FOE  DISCUSSION. 

IN  order  to   supply,  in  some  degree,  the  demand  for 
variety  in  the  questions  proper  for  discussion  in 
Debating  Societies,  we  append  the  following  list,  which 
contains,  among  many  others,  those,  also,  that  have 
been  used  in  the  three  sections  preceding. 

1.  Ought  the  State  to  provide  for  the  free  education  of  all  children 
within  its  borders  ?     '  >  <-* 

2.  Is  a  life  of  celibacy  preferable  to  that  of  the  married  state  ?    >  f  f 

3.  Ought  old  Bachelors  to  be  subjected  to  civil  disabilities  ?      A^-" 

4.  Should  monopolies  in  trade  ever  be  allowed  ?     ^A,< 

5.  Which  yields  the  greater  pleasure,  anticipation  or  possession  ?/ 

6.  Is  the  maxim,  "A  poet  is  born  such,  not  made,"  strictly  true  ? 

7.  Ought  ministers  of  the  gospel  to  engage  in  party  politics? 

8.  Which  life  is  subjected  to  the  greater  hardship,  the  soldier's  or 
that  of  the  sailor? 

9.  Are  the  ancient  Seres  identical  with  the  modern  Chinese  ? 
10.  Ought  there  to  be  a  law  of  international  copyright  ?    "* 

S  11.  Which  contributes  the  more  to  eloquence,  art  or  nature  ? 

12.  Ought  the  Protective  Policy  or  Free-Trade  Principles  to  pre 
vail? 

13.  Which  yields  the  higher  entertainment,  poetry  or  history? 

14.  Is  it  expedient  to  form  colonies  of  convicts  ? 

15.  Is  universal  suffrage  expedient  ? 

16.  Is  the  doctrine  of  human  perfectibility  true?  11  f 


216  MISCELLANEOUS  QUESTIONS. 

It.  Can  the  immortality  of  the  soul  be  proved  from  the  light  of 
nature  alone?  *£<*>*> 

r      18.  Can  a  man  who  has  been  unjustly  condemned  to  death,  in 
nocently  withdraw  himself  from  the  hands  of  the  law  ? 

19.  Ought  gambling  tobe  suppressed  by  law  ? 

20.  Do  men  suffer  more,  in  this  life,  from  real  than  from  imaginary 
evils? 

21.  Ought  a  breach  of  promise  of  marriage  to  be  punished  merely  by 
pecuniary  fines  ? 

22.  Which  abounds  the  more   in   sublimity,   ancient  or    modern 
poetry  ? 

•23.  "Which  exercises  the  greater  influence  upon  mankind,  hope  or 
,    fear? 

24.  Which  is  the  more  serviceable  to  mankind,  gold  or  iron  ? 

25.  Which  is  better  for  the  development  of  character,  poverty  or 
riches  ? 

26.  Which  is  the  better  source  of  knowledge,  reading  or  observa 
tion? 

27.  Ought  the  blacks  of  the  free  States  to  have  the  privilege  of 
voting  ?   '^-*  ^  m 

28.  Is  Roman  Catholicism  compatible  with  free  institutions? 

29.  Would  a  repeal  of  the  union  between  Ireland  and  England  be 
beneficial  to  the  former  ? 

30.  Would  a  large  standing  army  be  conducive  to  our  country's 
prosperity  ? 

31.  Would  a  Congress  of  nations  be  practical  or  beneficial? 

32.  Were  the   Puritans  justified  in  their  treatment  of  the  "S 
American  Indians  ?  * 

33.  Ought  the  liberty  of  the  press  to  be  restricted?   '  - 

34.  Was  the  Mexican  war  justifiable?  /VvA^J 
J5.  Has  the  JJegro  more  ground  for  complaint  than  the  Indian  ? 

36.  Was  the  banishment  of  Roger  Williams  justifiable  ? 

37.  Was  G-overnor  Dorr's  imprisonment  justifiable  ? 

38.  Was  the  war  between  England  and  China  justifiable  on  tka 
part  of  England  ? 

39.  Is  England  likely  ever  to  become  a  republic  ?     v  yX.-^ 

40.  Is  the  Wilmot  proviso  constitutional  ? 

41.  Ought  our  government  to  favor  the  building  of  a  Pacific  railroad  ?    ^ 

42.  Was  the  intervention  of  the  French  at  Rome  just  and  ex 
pedient? 


MISCELLANEOUS  QUESTIONS.  217 

43,.  Ought  imprisonment  for  debt  to  bo  abolished? 

44.  Ought  any  foreign  power  to  interfere  in  the  affairs  of  Poland  ? 

45.  Ought  religious  institutions  to  be  supported  by  law  ? 

46.  Were  the  Allied  Powers  justifiable  in  interfering  in  the  affairs  of 
Greece  ? 

47.  "Was  the  field  of  eloquence  among  the  ancients  superior  to  that 
among  the  moderns? 

48.  Is  Infidelity  on  the  increase  ? 

49.  Is  too  high  regard  paid  to  antiquity  ? 

50.  Is  there  any  limit  to  the  progress  of  social  improvement?^" 

51.  Ought  the  support  of  the  poor  to  be  provided  for  by  the  govern 
ment? 

52.  Has  the  introduction  of  Christianity  been  unfavorable  to  poetry  ? 

53.  Ought  the  general  government,  or  any  state  government,  to 
compel  all  or  any  of  the  free  blacks  to  remove  to  Liberia  ?  ^_ 

54.  Are  fictitious  writings  more  beneficial  than  injurious  ?  -.-- 

55.  Is  assassination  of  tyrants  justifiable  ?  |~ 

56.  Ought  general  governments  to  be  invested  with  more  authority? 

57.  Have  European  commotions  a  tendency  to  promote  liberty 


59.  Is  a  public  preferable  to  a  private  education? 

60.  Was  the  Hartford  Convention  justifiable? 

61.  Should  the  United   States  government  have   assisted  in    the 
emancipation  of  the  Greeks  ? 

62.  Ought  privateering  to  be  allowed? 

63.  Ought  lotteries  to  be  tolerated? 

64.  Ought  the  Chief  Magistrate  of  the  Union  to  have  the  power  to 
pardon  criminals? 

65.  Ought  infidel  publications  to  be  prohibited  by  law  ? 

66.  Are  public  executions  preferable  to  private  ?    j 

67.  Ought  a  student  to  pursue  professional  studies,  while  in  col 
lege? 

68.  Is  rotation  in  office  politic  ? 

69.  Do  ghosts  or  spectres  appear? 

70.  Is  it  politic  for  Universities  in  the  United  States  to  import  their 
professors  ? 

71.  Ought  the  United  States  to  encourage  the  Indiana,  now  within 
their  own  limits,  to  emigrate  further  west  ? 

72.  Has  tho  British  Government  in  India  been  beneficial  to  the 
natives  ? 

10 


218  MISCELLANEOUS  QUESTIONS. 

73.  Have  men  of  thought  been  more  beneficial  to  the  world  than 
men  of  action  ? 

74.  Does  the  prevailing  system  of  popular  lectures  in  the  principal 
cities  of  the  country  deserve  our  support  ? 

75.  -Is  the  power  of  England  beneficial  to  the  world? 

76.  Are  the  principles  of  the  Peace  Society  worthy  of  our  support? 

77.  "Which  was  the  greatest  historian,  Hume,  Gibbon,  or  Niebuhr? 

78.  Should  the  course  of  study  in  academies  and  colleges  be  the 
same  for  all  the  pupils  ? 

79.  Is  it  expedient  to  unite  manual  with  mental  labor  in  an  educa 
tional  establishment? 

80.  Are  all  mankind  descended  from  one  pair? 

81.  Is  asceticism  favorable  to  the  development  of  Christian  character  ? 

82.  Is  it  expedient  to  abolish  the  system  of  college  commons? 

83.  Is  not  the  production  of  such  a  poem  as  the  Iliad  incompatible 
with  the  idea  of  the  supposed  general  ignorance  prevalent  in  Homer's 
time? 

84.  Which  is  preferable^a  sanguine,  or  a  phlegmatic  temperament ? 

85.  Is  childhood  the  happiest  period  of  human  life  ? 

86.  Were  the  Pelasgi  and  the  Hellenes  one  in  language  and  in 
origin  ? 

87.  Is  not  undue  importance  attached  to  precedents  in  our  courts  of 
law? 

88.  Has  history  been  improved  by  the  rejection  of  fictitious  ora 
tions? 

89.  Which  are  the  more  praiseworthy,  the  Greek  or  the  Roman 
historians? 

90.  Which  was  the  greater  poet,  Milton  or  Homer  ? 

91.  Is  poetical  genius  greatly  benefited  by  extensive  reading? 

92.  Is  it  unimportant  what  one's  doctrines  may  be,  so  long  as  his 
life  is  in  the  right  ? 

93.  Are  critical  reviews  advantageous  to  science  and  literature  ? 

Y  94.  Which  affords  the  better  field  for  eloquence,  the  pulpit  or  the 
bar? 

95.  Is  it  judicious  to  read  on  a  given  theme  before  we  write  upon  it 
in  full? 

96.  Which  exercises  the  greater  influence  on  the  character  of  the 
young,  the  teacher  or  the  preacher  ? 

97.  Are  the  inequalities  of  rank  and  condition  in  society  favorable  to 
the  advancement  of  learning  ? 


MISCELLANEOUS   QUESTIONS  219 

98.  Should  an  author  rest  his  fame  on  few  or  on  many  books? 

99.  Ought  public  opinion  to  be  regarded  as  the  standard  of  right  ? 

100.  "Was  Bonaparte  greater  in  the  field  than  in  the  cabinet? 

101.  Is  the  savage  state  preferable  to  the  civilized? 

102.  Are  lawyers  beneficial? 

103.  Ought  the  Judiciary  to  be  independent  ? 

104.  Does  temptation  lessen  the  baseness  of  crime  ?~r— 

105.  Can  the  existence  and  attributes  of  the  Deity  be  proved  by 
the  light  of  nature  ?  -j. 

106.  Are  Negroes  inferior  to  white  people  in  mental  capacity? 

107.  Is  a  promise  to  a  highwayman,  not  to  take  measures  for  his  de 
tection  on  the  condition  of  sparing  one's  life,  binding  ? 

108.  Are  women  more  revengeful  than  men? 

109.  Is  a  mind  of  acute  sensibility,  on  the  whole,  desirable  ? 

110.  "Which  is  the  more  conducive  to  the  best  interests  of  the  State, 
commerce  or  agriculture  ? 

111.  Ought  persons  differing  in  religious  sentiment  to  be  united  in 
marriage  ? 

112.  Ought  a  Christian  to  unite  in  marriage  with  an  unbeliever? 

113.  Is  immersion  essential  to  the  validity  of  Christian  baptism  ? 

114.  Is  the  maxim,   "  No  church  without  a  bishop,"  true? 

115.  Are  the  moderns  superior   to  the   ancients   in   poetry  and 
eloquence  ? 

116.  Ought  theological  seminaries  to  be  encouraged? 

117.  Is  the  assertion  in  the  Declaration  of  Independence,     "  that  all 
men  are  created  equal,"  true  ?  -4. 

118.  Has  the  moral  influence  of  the  United  States,  on  the  whole, 
been  salutary  to  the  world  ? 

119.  Ought  a  man  to  pledge  himself  to  total  abstinence  ? 
,,   120.  Has  a  man  a  right  to  kill  another  in  self-defense  ?  , 

'    121.  "Was  the  fate  of  Sir  Walter  Raleigh  a  deserved  one? 
122.  Is  the  sentiment, — 

"  For  forms  of  government  let  fools  contest; 
What 's  best  administered,  is  best,"— 

justifiable. 
—  123,  Which  exhibits  the  greater  wonders,  the  land  or  the  sea? 

124.  Ought  human  physiology  to  be  a  regular  study  in  our  com 
mon  schools? 

125  Is  the  doctrine  of  original  sin  taught  in  the  Bible? 


- 


220  MISCELLANEOUS  QUESTIONS. 

126.  Has  the  Smithsonian  Fund  been  employed  in  a  manner  accord 
ant  Math  the  intention  of  the  donor  ? 

12  T.  "Would  the  universal  prevalence  of  Socialism  advance  the  in 
terests  of  humanity  ? 

128.  Is  morality  separable  from  religion? 

129.  Ought  normal  schools  to  be  supported  by  the  State? 

130.  Is  there  Scripture  authority  fora  belief  in  the  Second  Advent, 
and  personal  reign  of  Christ  on  the  earth  ? 

131.  Ought  not  a  bank  of  the  United  States  to  be  reestablished? 

132.  Is  not  the  practice  of  auricular  confession  enjoined  in  Scripture, 
and  conducive  to  morality  ? 

133.  Was  the  execution  of  the  Due  D'Enghien  justifiable? 

134.  What  were  the  origin  and  nature  of  the  Eleusinian  mysteries? 

135.  Has  any  State  of  this  Union  a  right  of  secession? 

136.  Is  intervention  by  on;e  nation   in  the  affairs  of  another  ex 
pedient  ? 

13*7.  Ought  a  parent,  who  ean  avoid  it,  ever  to  intrust  the  education 
of  his  child  to  persons  not  directly  responsible  to  himself? 

138.  Does  morality  keep  pace  with  the  progress  of  civilization  ?    . 

139.  Is  sporting  justifiable? 

140.  Ought  the  United  States  Government  to  establish  a  national 
system  of  education? 

141.  Is  genius  innate  ? 


I 


142.  Which  has  don£  the  greater  service  to  the  cause  of  truth, 
philosophy  or  poetry  ? 

143.  Is  there  ground  to  believe  that  the  atrocity  of  Richard  III.  has 
been  greatly  overstated  ?  -<*_1. 

144.  Which  was  superior,  Matilda,  wife  of  William  the  Conqueror, 
or  Katharine,  wife  of  Henry  VIII.  ? 

145.  Are  the  confessions  made  by  the  Earl  of  Both  well  immediately 
before  his  death,  relative  to  Lord  Darnley's  death,  to  be  regarded  as 
true? 

146.  What  country  at  the  present  time  is  under  the  best  govern 
ment? 

147.  Was  the  execution  of  the  Earl  of  Essex  justifiable  ? 

— i48.  Which  is  the  greater  discovery,  that  of  the  magnetic  needle  or 
the  electric  telegraph  ? 

149.  Did  the  writings  of   Junius   exercise   a  beneficial  influence 
upon  the  political  condition  of  England  ? 

150.  Did  the  reign  of  George  IV.  prove  beneficial  to  England  ? 


MISCELLANEOUS  QUESTIONS.  221 

151.  Ought  the  celebration  of  the  birthdays  of  great  men  to  be  en- 
encouraged  ? 

152.  Which  was  the  greater  man,  considered  as  a  reformer,  Peter, 
the  Great,  of  Russia,  or  Henry  VIII.  of  England  ? 

153.  Which  is  the  most  civilized  and  enlightened  country  of  the 
present  time  ? 

154.  Were  the  American  Indians  the  aborigines  of  this  continent  ?  - 

155.  Is  Mnemotechny  beneficial  ? 

156.  Is  the  story  of  the  Trojan  war  credible  ? 

157.  Is  the  cultivation  of  the  Fine  Arts  always  conducive  to  virtuous 
principle  ? 

158.  Have  savages  a  full  right  to  the  soil  ?  — 

159.  Are  political  improvements  better  effected  by  rulers  than  by  the 
people  ? 

160.  Is  the  character  of  a  nation  affected  by  its  climate?  ,. 

161.  Ought  representatives  to  be  bound  by  the  will  of  their  con 
stituents  ?._ 

162.  Is  crime  prevented  or   produced  by  our  present  system  of 
prison  discipline? 

163.  Which  is  the  superior  historian,  Thucydides  or  Tacitus  ? 

164.  Ought  witnesses  to  be  held  as  prisoners  ? 

165.  Ought  any  portion  of  the  earnings  of  a  prisoner,  during  his  con 
finement,  to  be  allowed  him  upon  his  release  ?~~ 

166.  Ought  jurors  to  be  paid  ? 

167.  Ought  the  sale  of  ardent  spirits,  for  use  as  a  beverage,  to  be 
prohibited  by  law  ? 

168.  Was  the  action  of  the  United  States  government  in  affording 
protection  to  Martin  Koszta  justifiable  and  expedient  ? 

169.  Is  it  not  equally  the  interest  of  the  poor  and  the  rich  to  prevent 
exorbitant  taxation  ? 

170.  Who  is  the  hero  of  Paradise  Lost? 

^  171.  Is  card-playing  a  safe  and  justifiable  amusement? 

172.  Ought  suicide  to  be  taken    as    evidence    of  courage,  or  of 
cowardice  ? 

173.  Was  the  execution  of  Major  Andre  justifiable? 

174.  Which  is  the  better  guaranty  of  success  in  the  world,  tact  or 
talent? 

175.  Has  more  good  than  evil  resulted  to  the  world  from  the  life 
and  religion  ot  Mahomet  ? 

176.  Which  is  the  more  advantageous  to  a  country,  coal  mines  or 
gold  mines  ? 


222  MISCELLANEOUS  QUESTIONS. 

177.  Has  the  favor  shown  to  great  statesmen  in  this  country  been 
such  as  to   encourage  young  men  of  talent  to  qualify  themselves 
thoroughly  for  high  political  position  ? 

178.  Has  sectarianism  done  more  to  advance  than  to  retard  the 
interests  of  Christianity? 

179.  "Which  is  the  more  useful  in  society,  the  farmer  or  the  mechanic? 

180.  Are  the  masses  governed  more  by  fashion  than  by  reason?  — 

181.  Is  the  sentiment,  "  Whatever  is,  is  right,"  a  just  one?  „ 

182.  Will  the  Know  Nothings  exert  a  favorable  influence  upon  the 
institutions  of  our  country  ? 

183.  Is  it  a  wise  policy  to  deal  with  our  friends  as  though  they 
might  become  our  enemies  ? 

184.  Is  there  such  a  quality  as  disinterestedness? 

185.  Is  the  maxim,    "  Our  country,  right  or  wrong,"  a  justifiable 
one? 

186.  Do  present  appearances  indicate  the  overthrow  of  the  British 
empire  ? 

187.  Ought  not  flagrant  ingratitude  to  be  a  penal  offense  ? 

188.  Ought  Patent-Rights  to  be  granted  ? 

189.  Does  the  present  state  of    society  in  Europe  portend  the 
establishment  of  republican  forms  of  government? 

190.  Ought  parochial  schools  to  be  encouraged  ? 

191.  Does  virtue  always  insure  happiness  ? 

192.  Is  the  assertion,  "  A  little  learning  is  a  dangerous  thing"  true? 

193.  Which  do  men  naturally  prefer,  truth  or  error?  — 

194.  Was  the  last  war  of  the  United  States  with  England  justifiable  ? 

195.  Which  does  society  most  injury,  the  slanderer,  the  robber,  or 
the  murderer? 

196.  Did  the  career  of  Napoleon  Bonaparte  produce  more  good  than 
evil  results  ? 

197.  Is  it  ever  advisable  to  act  from  policy  rather  than  from  principle  ? 
X198.  Does  wealth  exert  more  influence  than  knowledge? 

199.  Ought  circumstantial  evidence  to  be  admitted  in  criminal  cases? 

200.  Is  a  Republican  form  of  government  favorable  to  the  cultivation 
of  literature  and  science  ? 

201.  Which  yields  the  higher  mental  enjoyment,  fact  or  fiction? 

202.  Is  the  English  language  likely  ever  to  be  universally  prevalent? 

203.  Ought  there  to  be  a  property  qualification  to  entitle  one  to1hold 
a  political  office  ? 


MISCELLANEOUS   QUESTIONS.  223 

204.  Ought  the  right  of  suffrage  to  be  dependent  upon  any  property 
qualification  ? 

205.  May  an  oath,  taken  under  circumstances  of  stress  or  deception, 
be  violated  without  guilt  ? — 

206.  Ought  man  to  be  confined  to  an  exclusively  vegetable  diet? 

207.  Does  the  Bible  prohibit  judicial  oaths?  - 

208.  Is  pride  commendable  ? 

209.  Ought  the  Missouri  Compromise  to  have  been  abrogated? 

210.  Which  is  worse,  a  bad  education,  or  no  education? 

211.  Is  any  government  as  important  and  sacred  as  the  principles 
which  it  is  established  to  protect  ? 

212.  Are  banks  more  beneficial  than  injurious  to  a  community?  - 

213.  Which  is  preferable,  genius  without  application,  or  application 
without  genius  ? 

214.  Ought  military  schools  to  be  encouraged? 

215.  Does  not  a  written  political  constitution  serve  rather  to  hinder 
than  to  aid  in  securing  the  objects  contemplated  in  its  formation  ? 

216.  Have  Byron's  works  an  immoral  tendency  ? 

217.  Did  the  French  Revolution  aid  the  cause  of  liberty  in  Europe  ? 

218.  Ought  the  private  property  of  stockholders  to  be  holden  for  the 
debts  of  a  bank  ? 

219.  Would  the  peaceful  cession  of  the  Canadas  to  the  United  States 
be  mutually  beneficial  to  our  own  government  and  Great  Britain  ? 

220.  Ought  a  judge  to  be  influenced  by  the  former  character  of  a 
criminal  ? 

221.  Has  Spain  received  any  material  benefit  from  her  colonies? 

222.  Were  the  Olympic  and  other  ancient  games  beneficial  ? 

223.  Ought  public  men,  on  retiring  from  office,  in  this  country,  to  be 
pensioned  ? 

224.  Is  the  present  general  mode  of  celebrating  the  Fourth  of  July 
beneficial  to  the  country  ? 

225.  Are  different  grades,  or  classes  in  society,  inseparable  from  the 
present  social  system  ? 

226.  Would  it  be  a  wise  policy  for  the  United  States  to  establish  a 
large  and  powerful  navy  ? 

227.  Should  Universities  be  under  the  control  of  the  State? 

228.  Is  English  aristocracy  of  birth  likely  to  continue  a  polu'cal  force  ? 

229.  Are  rents  the  causes  of  the  high  price  of  produce  ? 

230.  Must  the  price  of  agricultural  products  rise  with  increase  of 
wealth  and  population  ? 


224  MISCELLANEOUS  QUESTIONS. 

231.  Can  there  be  a  general  over-production  of  commodities? 

232.  Is  there  any  real  danger  of  over-population? 

233.  Do  our  institutions  demand  profound  statesmen? 

234.  Can  any  government  be  kept  from  oppression  ? 

235.  Ought  the  man  who  kiHa  his  antagonist  in  a  duel  to  be  pun 
ished  as  a  murderer  ?  s. 

236.  Can  a  knowledge  of  human  nature,  in  general,  and  of  individ 
ual  character  in  particular,  be  best  derived  from  the  study  of  history? 

237.  Are  the  United  States  under  deeper  obligations  to  her  warriors 
than  to  her  statesmen  ? 

238.  Is  prosperity  favorable  to  the  morals  of  a  nation? 

239.  Which  afford  the  better  opportunities  for  personal  advancement, 
politics  or  literature  ? 

240.  Which  has  proved  the  more  useful  to  mankind,  the  invention 
"of  the  mariner's  compass  or  the  application  of  steam  to  navigation? 

241.  Which  is  the  most  powerful  stimulant  to  exertion,  emulation, 
patronage,  or  personal  necessity  ? 

242.  Would  a  division  of  the  Union  be  beneficial  ? 

243.  Is  labor  a  blessing  or  a  curse  ? 

244.  Ought  anonymous  publications  to  be  suppressed  by  law? 

245.  Ought  the  surplus  revenues  to  be  distributed  by  Congress  for 
the  prosecution  of  internal  improvements  ? 

246.  Were  the  revolutions  which  took  place  in  France,  between  the 
execution  of  Louis  XVI.  and  the  final  restoration  of  Louis  XVIII., 
beneficial  to  that  country  ? 

247.  Do  the  signs  of  the  times  indicate  a  subversion  of  our  govern 
ment? 

248.  Ought  a  military  spirit  to  be  encouraged  in  a  country  ? 

249.  Were  the  principles  of  the  Jeffersonian  administration  bene 
ficial  to  the  country  ? 

250.  Ought  the  rate  of  interest  on  money  to  be  regulated  by  law?- 

251.  Are  national  celebrations  beneficial? 

252.  Ought  there  to  be  in  this  country  an  order  of  men  devoted  ex 
clusively  to  literature  ? 

253.  Are  voluntary  associations  for  the  promotion  of  moral  principles 
beneficial  ? 

254.  Is  a  State  Legislature  justifiable  in  violating  its  contracts?    - 

255.  Have  the  administrations  of  our  country  pursued  a  correct 
policy  in  relation  to  the  Indians  ? 

256.  Is  man  accountable  for  his  opinions? 


MISCELLANEOUS   QUESTIONS.  225 

257.  Ought  a  militiary  chieftain  to  be  the  chief  civil  magistrate  of  a 
free  people? 

258.  Ought  infidels  to  be  admitted  to  public  office  ? 

259.  Is  direct  taxation  preferable  to  indirect  ? 

260.  Ought  Parliament  to  interfere  with  the  revenues  of  the  Eng 
lish  Church  ? 

261.  "Which  was  the  more  acute  and  profound  thinker,  John  C.  Cal- 
houn  or  Daniel  Webster  ? 

262.  Ought  juries  to  be  judges  of  the  law  as  well  as  of  the  fact  ? 

263.  Ought  clergymen  to  be  excluded  from  civil  offices  by  law? 

264.  Is  the  system  of  paper  currency  safe?.  - 

265.  Ought  a  President  of  the  United  States  to  be  eligible  a  second 
tune  to  office  ? 

266.  Is  difference  of  talent  owing  chiefly  to  nature  or  circumstances? 
26*7.  Are  the  rights  of  women  duly  regarded  in  the  present  consti 
tution  of  society  ? 

268.  Is  expediency  the  foundation  of  right  ? 

269.  Which  has  the  greater  influence  in  the  fbundation  of  national 
character,  physical  or  moral  causes  ? 

270.  Ought  government  to  indemnify  individuals  for  damages  done 
by  mobs  ? 

271.  Ought  an  infidel  to  be  allowed  to  testify  in  a  court  of  justice  ? 

272.  Ought  a  horse,  or  other  beast  of  burden,  when  unable,  by  age 
or  otherwise,  to  labor,  to  be  killed,  or  turned  out  to  die  ? 

273.  Is  the  maxim,  "Better  that  ten  guilty  persons  should  escape  than 
that  one  innocent  man  should  suffer,"  on  the  whole  just  and  true? 

274.  Is  there  more  of  happiness  than  misery  in  human  life? 

275.  Are  tea  and  coffee,  as  beverages,  injurious? 

276.  Ought  the  reading  of  the  Bible,  as  a  religious  exercise,  to  be 
forbidden  or  neglected  in  our  common. -schools  ? 

277.  Which  is  the  more  desirable,  a  state  of  liberty  without  prop 
erty,  or  a  state  of  property  without  liberty  ? 

278.  Is  -not  the  giving  of  military  command  to  persons  who  have 
never  seen  service,  a  discouragement  to  the  army  ? 

279.  Is  the  law  of  primogeniture  just  and  expedient? 

280.  Is  mere  refinement  of  manners  conducive  to  virtue  ? 

281.  Which  is  the  more  likely  to  procure  general  estimation,  the 
reality  of  virtue  or  the  appearance  of  it  ? 

282.  Ought  foreign  emigration  to  be  encouraged  ? 

283.  Does  the  mind  always  think  ? 


226  MISCELLANEOUS    QUESTIONS. 

284.  Is  the  glory  of  a  victory,  as  a  general  thing,  due  more  to  the 
skill  of  the  commander  than  to  the  bravery  of  the  soldiers  ? 

285.  Is  a  lie  ever  justifiable  ?  — ^ 

286.  Is  animal  magnetism  altogether  supernatural  in  its  nature  and 
operation,  or  is  it  a  science  founded  upon  natural  laws  ? 

28*7.  Ought  religious  tests  to  be  required  of  civil  officers  ? 

288.  Ought  the  education  of  males  and  females  to  be  similar  in  de 
gree  and  kind  ? 

289.  Ought  females  to  learn  and  practice  the  art  of  public  speak 
ing? 

290.  Ought  the  Bible  to  be  employed  as  an  ordinary  reading  book 
in  schools? 

291.  Had  the  celebrated  apologue,  entitled  "  REYNABD,  THE  Fox," 
an  exclusively  political  aim.* 

292.  "Were  the  ancient  oracles  due  to  supernatural  agency  ? 

293.  Is  homeopathy  worthy  of  confidence  ? 

294.  Ought  eloquence  to  be  studied  as  an  art? 

295.  Is  the  doctrine  of  non-resistance  sound  ? 

296.  Would  the  extinction  of  the  Ottoman  empire  result  in  benefit 
to  Europe? 

29*7.  "Was  the  Roman  conquest  beneficial  to  Britain  ? 

298.  "Were  the  institutions  of  chivalry  beneficial  to  mankind  ? 

299.  Were  the  first  settlers  of  this  country  justifiable  in  taking  forc 
ible  possession  of  the  country  ? 

300.  Which  furnishes  the  most  interesting  subjects  of  investigation, 
the  mineral,  the  animal,  or  the  vegetable  kingdom  ? 

301.  Are  differences  of  character  attributable  more  to  physical  than 
to  moral  causes  ? 

302.  Is  the  preservation  of  the  balance  of  power  in  Europe  a  justi 
fiable  cause  of  war  ? 

303.  Does  the  present  aspect  of  affairs  in  Europe  give  pledge  or 
prospect  of  the  speedy  establishment  of  genuine  liberty  in  that  quarter 
of  the  world? 

304.  Is  the  charge  of  ingratitude,  so  often  brought  against  Republics, 
founded  in  truth  ? 

305. 'Which  did  the  greater  service  to  mankind,  Columbus  or  Sir 
Isaac  Newton  ? 

306.  Would  a  general  European  war  be  beneficial  to  the  interests 
of  this  country  ? 
*  See,  on  this  question,  the  "  Foreign  Quarterly  Eeview,"  No.  XXXIV.,  Art  III. 


MISCELLANEOUS  QUESTIONS.  227 

SOT.  Has  the  restoration  of  Greece  to  political  independence  been 
on  the  whole  beneficial? 

308.  Has  the  introduction  of  machinery  been,  on  the  whole,  bene 
ficial  to  the  laboring  classes  ? 

309.  Is  transportation  a  justifiable  mode  of  punishment? 

310.  "Was  the  ostracism,  practiced  in  ancient  Athens,  justifiable? 

311.  "Which  is  the  more  pernicious  character,  the  slanderer  or  the 
flatterer  ? 

312.  Is  the  system  of  hydropathy,  or  water-cure,  entitled  to  confidence? 

313.  Is  the  attention  paid   to  politics  by  all  classes  favorable  to 
patriotism  ? 

314.  Is  not  refinement,  according  to  the  notions  of  the  present  day, 
unfavorable  to  happiness  ? 

315.  Does  nature  teach  the  doctrine  or  notion  of  a  plurality  of 
Deities  ? 

316.  Does  the  existence  of  different  religious  denominations  tend  to 
advance  or  to  retaM  the  cause  of  Christ? 

317.  Should  a  nSn  ever  praise  his  own  work  ? 

318.  Is  the  doctrine  of  innate  ideas  founded  in  truth  ? 

319.  Should  the  truth  always  be  spoken  ? 

320.  "Which  gives  the  better  insight  into  human  nature,  reading  or 
observation  ? 

321.  "Which  afford  the  better  field  for  the  display  of  origiLality,  the 
Fine  or  the  Useful  Arts  ? 

322.  "Which  is  the  more  interesting  and    instructive,  Grecian  or 
Eoman  history  ? 

323.  "Which  is  the  more  valuable,  physical  or  moral  courage  ? 
324  Ought  secret  societies  to  be  tolerated? 

325.  "Would  any  further  extension  of  the  Union  be  politic? 

326.  Has  Christianity  been  a  temporal  as  well  as  a  spiritual  blessing 
to  the  world? 

327.  Is  the  temporal  essential  to  the  spiritual  jurisdiction  of  the  Pope  ? 

328.  Ought  a  man  to  marry  his  deceased  wife's  sister  ? 

329.  Can  the  immortality  of  the  soul  be  proved  from  the  light  of 
nature  ? 

330.  Ought  a  representative  always  to  be  an  inhabitant  of  the  town 
or  district  represented  ? 

331.  "Which  is  preferable,  city  or  country  life  ? 

332.  Is  resistance  to  the  constituted  authorities  in  the  State  ever 
justifiable  ? 


228  MISCELLANEOUS  QUESTIONS. 

333.  Ought  emulation  in  schools  to  be  encouraged  ? 

334.  Which  is  the  more  conducive  to  the  cultivation  of  literature,  a 
monarchical  or  a  republican  form  of  government  ? 

335.  Has  a  man  a  right  to  expatriate  himself? 

336.  Is  teaching  a  profession  in  the  same  sense,  that  law,  medicine 
and  theology  are  professions  ? 

337.  Is  Madison  more  deserving  our  estimation  than  Hamilton? 

338.  Is  dueling  ever  justifiable  ? 

339.  Ought  theatres  to  be  abolished  ? 

340.  Which  is  preferable,  anarchy  or  despotism  ? 

341.  Is  the  American  Colonization  Society  worthy  of  national  support  ? 

342.  Can  the  North  Pole  be  reached  by  navigation  ? 

343.  Would  the  acquisition  of  Cuba  by  the  United  States  be  bene 
ficial  to  the  latter  ? 

344.  Is  it  possible  to  determine  the  true  nature  and  origin  of  meteors  ? 

345.  Is  the  natural  state  of  man,  as  asserted  by  Hobbes,  a  state  of 
war? 

346.  Was  Cicero  greater  as  an  orator  than  as  a  philosopher? 

347.  Is  the  habitual  use  of  tobacco  for  chewing  and  smoking  injuri 
ous  to  health  ? 

348.  Is  the  doctrine  of  endless  punishment  taught  in' the  Bible? 

349.  Has  Junius  ever  been  identified  ? 

350.  Have  we  anything  to  fear  from  the  spread  of  Popery  ? 

351.  Was  the  Atlantis  of  the  ancients  identical  with  the  continent 
of  America  ? 

352.  Is  corporal  punishment  necessary  in  the  schools  ? 

/  -     353.  Should  a  boy  be  taught  those  things  only  which  he  is  likely  to 
need  in  practical  life  when  a  man  ? 

354.  Ought  not  Sunday-schools,  in  which  the  Bible  is  taught  without 
reference  to  sectarian  differences,  to  be  supported  by  the  public  funds  ? 

355.  Are  the  ideas  of  the  mind  separate  from  the  mind  itself? 

356.  Is  it  wise  in  a  parent  to  labor  to  amass  money  in  order,  to  leave 
a  rich  inheritance  to  his  children  ? 

357.  Is  there  sufficient  ground  for  the  belief,  that  the  career  of  Joan 
of  Arc  wa.s  due  to  supernatural  agency  ? 

358.  Is  the  character  of  Aaron  Burr  justly  estimated  ? 

359.  Can  utility  be  considered  as  a  safe  moral  guide  ? 

360.  Do  modern  biographies  generally  give  a  fair  insight  into  human 
character  ? 

361.  Was  Warren  Hastings'  conduct  in  India  justifiable .? 


MISCELLANEOUS  QUESTIONS.  229 

,     362.  Are  short  terms  of  political  office  desirable? 

363.  "Which  is  the  most  prolific  source  of  crime,  poverty,  wealth,  or 
ignorance  ? 

364.  Which  is  superior,  as  an  intellectual  gymnastic,  a  classical  or  a 
mathematical  education  ? 

365.  Is  capital  punishment  justifiable? 

366.  Should  the  main  end  of  punishment  be  the  reformation  of  the 
criminal  or  the  prevention  of  crime  ?  . 

367.  "Which  furnishes  the  better  safeguard  against  crime,  the  jail  or 
the  school  ? 

368.  "Which  is  the  better  government,  a  limited  monarchy  or  a  re 
public? 

369.  Is  true  eloquence  the  gift  of  nature  or  of  art  ? 
'3*70.  "Which  is  the  more  extensively  useful,  fire  or  water? 

371.  Is  it  ever  right  to  marry  for  money  ? 

372.  Ought  our  country  to  establish  and  endow  a  national  uni 
versity  ? 

373.  Is  it  expedient  to  wear  mourning  apparel? 

374.  "Which  is  the  stronger  inducement  to  the  study  of  history,  the 
love  of  truth,  or  mere  curiosity  ? 

375.  Has  the  study  of  mythology  an  immoral  tendency  ? 

376.  Which  did  the  greater  mischief,  Mahomet  or  Constantine  ? 

377.  Is  there  any  necessary  connection  between  genius  and  eccen 
tricity  ? 

378.  Have  not  the  defenses  of  Christianity  been  rather  strengthened 
than  weakened  by  the  assaults  of  infidelity  ? 

379.  Ought  a  man  to  be  influenced  in  respect  to  the  fashion  of  his 
apparel  by  a  regard  to  the  opinions  or  practice  of  others  ? 

380.  Would  the  public  morals  be  injured  by  the  non-observance  of 
the  Christian  Sabbath  ? 

381.  Ought  truth  ever  to  be  withheld  on  the  ground,  that  the  world 
is  not  prepared  to  receive  it  ? 

382.  Is  it  expedient  to  make  authorship  a  business  or  profession  ? 

383.  Is  the  judgment  of  conscience  always  correct  ? 

384.  Which  is  the  more  disadvantageous,  credulity  or  skepticism  ? 

385.  Which  gives  the  more  clear  and  forcible  ideas  of  scenes  and 
actions,  the  poet  or  the  painter  ? 

386.  Which  is  the  more  selfish  person,  the  miser  or  the  profligate? 

387.  Ought  one  ever  to  advocate  or  defend  what  he  believes  to  be  false  ? 

388.  Ought  persons  of  foreign  birth  to  be  allowed  the  right  of  suffrage  ? 


230  MISCELLANEOUS  QUESTIONS. 

-\ 

389.  Ought  government  officers  to  be  confined  exclusively  to  native 
citizens  ? 

390.  Have  Sir  "Walter  Scott's  writings  been  beneficial  in  their  in 
fluence  ? 

391.  Is  the  system  of  American  slavery  more  odious  and  unjust 
than  Russian  serfdom? 

392.  "Which  offers  the  better  field  for  the  cultivation  of  eloquence, 
the  bar  or  the  pulpit  ? 

393.  Is  the  law  an  honorable  profession? 

394.  Ought  public  school-money  to  be  appropriated  exclusively  to 
common  schools  ? 

395.  Does  proselytism  favor  the  cause  of  truth  ? 

396.  Should  military  achievements  influence  the  election  of  Presi 
dent  of  the  United  States  of  America? 

397.  "Would  the  suppression  of  civil  and  religious  liberty  in  Europe 
have  a  tendency  to  destroy  our  own  ? 

398.  Is  the  maxim,  "Every  man  is  the  architect  of  his  own  fortune" 
true? 

399.  Is  war  ever  justifiable  ?  ^ 

400.  Should  letters  of  marque  and  reprisal  be  granted  ? 

401.  Is  the  advancement  of  civil  liberty  indebted  more  to  intellect 
ual  culture  than  to  physical  suffering  ? 

402.  Is  nature  alone  sufficient  to  teach  man  his  duty  to  God  ? 

403.  "Which  has  caused  more  evil,  ambition  or  intemperance  ? 

404.  Does  not  the  persecution  of  any  principle  or  party  tend  more  to 
its  advancement  than  the  works  of  its  own  supporters  ? 

405.  Are"  any  of  the  so-called  spiritual  manifestations  of  the  present 
day  properly  referable  to  the  agency  of  departed  spirits  ? 

406.  Is  tho  supply  of  coal  from  the  mines  likely  always  to  be  equal 
to  the  wants  of  the  world? 

40*7.  Ought  the  aim  of  education  to  be  the  harmonious  development 
of  all  its  powers,  or  the  special  training  of  individual  faculties  ? 

408.  Has  popular  superstition  a  favorable  influence  on  the  literature 
of  a  nation  ? 

409.  In  the  present  European  struggle  has  the  true  spirit  of  human 
freedom  been  manifested  ? 

410.  Was  the  political  career  of  Oliver  Cromwell  beneficial  to  Great 
Britain  ? 

411.  Is  our  country  in  more  danger  from  external  factions  than  from 
internal  foes? 


MISCELLANEOUS  QUESTIONS.  231 

412.  "Was  the  claim  of  Texas  upon  New  Mexico  invalid  ? 

413.  Is  the  inebriate  accountable  to  God  for  the  crimes  he  commits 
while  intoxicated? 

414.  Which  is  the  more  effective  in  government,  force  or  persuasion? 

415.  ilave  false  systems  of  religion  caused  more  misery  than  false 
systems  of  government  ? 

416.  Would  an  intuitive  knowledge  of  all  we  are  capable  of  com 
prehending,  contribute  to  increase  our  happiness  beyond  that  of  our 
present  state  ? 

417.  Would  an  equalization  of  property  conduce  to  the  happiness 
of  society  ? 

418.  Is  not  the  rank  held  by  women  in  a  community  the  best  test 
of  the  morals  of  that  community  ? 

419.  Is  the  Union  likely  to  be  perpetual  ? 

420.  Will  republicanism  eventually  supersede    all  other  forms  of 
government  ? 

421.  Has  the  enthronement  of  Napoleon  III.  benefited  France  ? 

422.  Ought  the  French  and  English  to  have  joined  the  Turks  against 
Russia? 

423.  Have  we  reason  to  conclude  that  other  planets  than  our  own 
are  inhabited  ? 

424.  Are  the  Indians  generally  capable  of  being  civilized  ?^ 
L  425.  Will  African  slavery  be  perpetual  in  the  United  States  ? 

426.  Ought    Free-Masonry  to    be  responsible  for  the    murder  of 
Morgan  ? 

427.  Is  a  Reciprocity  Treaty  between  the  United  States  and  Canada 
desirable  ? 

428.  Is  the  popularity  of  a  literary  production  a  sure  test  of  its  merit  ? 

429.  Is  human  life  capable  of  any  essential  prolongation  by  human 
means  ? 

430.  Is  the  literature  of  a  nation  affected  by  its  form  of  government  ? 

431.  Is  the  system  of  internal  improvements  politic? 

432.  Is  the  reasoning  indicated  in  the  famous  aphorism  of  Descartes, 
"  Cogito,  ergo  sum,"  (I  think,  therefore  I  exist,)  conclusive? 

.433.  Is  there  evidence  sufficient,  apart  from  the  Bible,  to  prove  the 
existence,  at  some  former  period,  of  a  universal  deluge  ? 

434.  Was  the  execution  of  Charles  I.  justifiable  ? 

435.  Should  the  United  States  undertake  to  control  the  political 
movements  of  this  continent  ?    ^f] 

436.  Is  modern  equal  to  ancient  patriotism? 


232  MISCELLANEOUS  QUESTIONS. 

.      437.  Which  is  preferable,  moral  or  physical  courage  ? 

438.  Are  debating  societies  beneficial  ? 

439.  Ought  the  Lancasterian  system  of  teaching  to  be  encouraged  ? 

440.  Ought  the  President  of  tho  United  States  to  be  invested  with 
the  veto  power  ? 

441.  Are  the  educated  classes  more  virtuous,  on  the  whole,  than  the 
ignorant? 

442.  Are  there  any  signs  of  decay  in  poetry  and  art  ? 

443.  Does  the  eighteenth  century  deserve  the  eulogium  pronounced 
upon  it  by  G-uizot  ? 

444.  Is  there  any  great  advantage  in  indirect  elections  ? 

445.  Is  language  a  human  invention  ? 

446.  Ought  the  quantity  of  land  held  by  one  person  to  be  limited? 

447.  Is  the  literary  inferiority  of  the  American  nation  owing  to  its 
r  infancy? 

\  Jbr    448.  Ought  unanimity  to  be  required  that  the  verdict  of  a  jury  may 
\have  force  ? 

449.  Could  England  maintain  her  present  superiority  without  an 
aristocratic  class  ? 

450.  Ought  civilization  to  be  propagated  by  force  ? 

451.  Is  the  United  States  in  danger  from  an  aristocratic  class? 

452.  ffan  republican  forms  of  government  exist  without  public  virtue  ? 

453.  Ought  Congress  to  prohibit  carrying  and  distributing  the  mail 
on  Sunday  ? 

454.  "Was  the  American  revolution  justifiable  on  moral  grounds  ? 

455.  Are  the  crimes   among  barbarians   more  numerous  or  more 
heinous,  as  a  general  thing,  than  those  among  civilized  men  ? 

456.  Is  a  lawyer  justifiable  in  defending  a  person  whom  he  knows 
/     to  be  guilty? 

457.  Was  Brutus  justifiable  in  taking  part  with  the  conspirators 
*    against  Caesar  ? 

458.  Ought  a  republican  government  to  tolerate  all  religious  denomi 
nations  ? 

459.  Were  O'Conuel  and  those  indicted  with  him  justly  convicted? 

460.  Ought  a  student  in  college  to  direct  his  studies  with  reference 
to  a  particular  profession  ? 

461.  Was  Swedenborg  mistaken  in  the  belief,  that  he  was  admitted 
into  intercourse  with  the  invisible  world? 

462.  Should  monuments  be  erected  to  the  illustrious  dead  ? 

463.  Is  liberty  one  of  man!s  rights  ? 


MISCELLANEOUS  QUESTIONS.  233 

464.  Have  pride  and  ambition  caused  more  evil  than  ignorance  and 
superstition  ? 

465.  Are  American  churches  the  bulwark  of  liberty  ? 

466.  Does  spirituous  liquor  cause  more  evil  than  money? 

467.  Is  man  governed  more  by  moral  than  by  civil  laws  ? 

468.  Would  a  universal  language  be  desirable  ? 

469.  Has  light  reading  or  social  intercourse  the  better  effect  in  pre 
paring  one  for  usefulness  ? 

470.  "Which  is  the  more  prolific  source  of  enjoyment,   memory  or 
imagination  ? 

471.  Which  have  conferred  the  higher  benefit  on  their  country,  the 
poets  or  prose  writers  of  England  ? 

472.  Is  the  doctrine  of  ministerial  parity  fairly  deducible  from  the 
Bible  ? 

473.  Are  the  poetical  parts  of  the  Bible,  considered  merely  as  literary 
productions,  inferior  to  the  poems  of  Homer  or  Milton  ? 

474.  Is  poverty  oftener  the  result  of  misfortune  than  of  mismanage 
ment? 

475.  Which  exerts  the  greater  influence  on  the  happiness  of  man 
kind,  the  male  or  the  female  mind  ? 

476.  Have  the  lost  tribes  of  Israel  ever  been  discovered? 

477.  Ought  mixed  schools*  to  be  encouraged? 

478.  Has  not  fashion  a  tendency  to  pervert  the  judgment? 

479.  Should  parties  be  compelled  to  give  evidence  in  civil  cases  ? 
_     480.  Ought  the  robbery  of  the  grave  to  be  punished  as  felony  ? 

481.  Was  the  reign  of  Henry  VIII.  advantageous  to  the  liberties  of 
England  ? 

482.  Was  the  death  of  Caesar  beneficial  to  Rome  ? 

483.  Ought  Coriolanus  to  have  made  war  against  his  country  ? 

484.  Was  the  feudal  system  beneficial  ? 

485.  Is  alcohol,  considered  in  respect  to  all  its  various  uses,  more  in 
jurious  than  beneficial  to  mankind  ? 

486.  Was  the  Roman  conquest  beneficial  to  Britain? 

487.  Was  the  monastic  system  beneficial  to  the  interests  of  science  ? 

488.  Were  the  institutions  of  chivalry  beneficial  to  mankind  ? 

489.  Would  Regulus  have  been  justified  in  not  returning  to  Car 
thage? 

490.  Does  civilization  tend  to  abolish  military  ambition? 

*  That  is,  schools  wherein  males  and  females  are  taught  together  in  the  same 

classes. 


234  MISCELLANEOUS   QUESTIONS. 

491.  Are  the  present  facilities  of  intercourse  between  Europe  and 
the  United  States  favorable  to  the  latter  ? 

492.  Which  is  the  greater  deprivation,  loss  of  sight  or  loss  of  hearing? 

493.  Is  the  designation,  "  Irritabile  genus,"*  so  often  applied  to  au 
thors,  just. 

494.  Is  there  any  authoritative  standard  of  taste  ? 

495.  Do  modern  discoveries  in  geological  science  serve  to  confirm 
or  weaken  our  faith  in  the  Mosaic  account  of  the  creation  ? 

496.  Was  the  execution  of  Mary  Queen  of  Scots  justifiable  ? 
491.  Can  there  be  a  virtuous  ambition  ? 

498.  Ought  children  be  compelled  to  attend  school,  at  certain  hours, 
by  force  of  law  ? 

499.  Ought  street  beggary  to  be  tolerated  ? 

500.  Which  is  the  more  useful  member  of  the  community,  the  lawyer 
or  the  clergyman  ? 

501.  Which  is  the  most  serviceable  to  mankind,  the  farmer,  the  me 
chanic,  or  the  merchant  ? 

502.  Ought  a  teacher  of  youth  to  be  himself  a  parent? 

503.  Are  brutes  endowed  with  reason  ? 

504.  Is  the  spendthrift  more  injurious  to  society  than  the  miser  ? 

-  505.  Has  the  invention  of  gunpowder  proved  more  useful  than  hurt 
ful  to  mankind?    ^fr 

506.  Which  is  the  meaner  character,  the  liar  or  the  hypocrite  ? 

507.  Which  was   the    greatest  general,  Alexander,    Hannibal,  or 
Napoleon  ? 

508.  Ought  the  colonization  of  the  African  race  to  be  encouraged  ? 

509.  Ought  the  election  of  President  and  Yice-President  to  be  taken 
entirely  from  the  Senate  and  House  ? 

510.  Ought  the  national  government  to  make  appropriations  for  in 
ternal  improvements  ? 

511.  Are  the  moderns  superior  to  the  ancients  in  rhetorical  science  ? 

512.  Would  the  peaceable  accession  of  the  Canadas  be  beneficial  to 
the  United  States  ? 

513.  Had  the  allied  powers  a  right  to  place  a  king  over  Greece  ? 

514.  Which  is  the  more  serviceable  to  his  country,  the  statesman  or 
the  warrior  ? 

515.  Does  morality  advance  equally  with  civilization  ? 

516.  Is  universal  peace  probable  ? 

511.  Which  was  the  greater  orator,  Demosthenes  or  Cicero? 
*  An  irascible  race. 


/-  5 

ful 


MISCELLANEOUS  QUESTIONS.  235 

518.  Is  military  glory  a  just  object  of  ambition? 

519.  Which  was  the  more  powerful  agency  in  producing  the  French 
revolution,  the  tyranny  of  the  government  or  the  excesses  of  the  priests 
and  nobles  ? 

520.  Are  not  popular  superstitions  favorable  to  the  gro\vth  of  poetry  ? 

521.  Is  there  sufficient  ground  for  a  belief  in  the  alleged  deteriora 
tion  of  animals  and  vegetables  in  America  ? 

522.  Are  not  the  public,  in  this  country,  generally  deprived  of  the 
official  services  of  our  best  men,  by  the  reckless  abuse  of  the  press 
during  election  times  ? 

523.  Ought  the  Catholics  to  have  a  separate  school  fund? 

524.  Was  Cromwell  a  patriot  ? 

525.  Was  Napoleon's  banishment  to  St.  Helena  justifiable  ? 

526.  Ought  a  representative  to  be  bound  by  the  will  of  his  con 
stituents  ? 

527.  Should  government  prohibit  private  mails  ? 

528.  Is  it  probable  a  republican  government  will  be  the  prevailing 
one  in  the  world  ? 

529.  Were  circumstances  in  past  ages  as  favorable  to  the  growth  of 
literature  as  they  are  at  present  ? 

530.  Should  the  present  popularity  of  a  literary  work  be  taken  as 
an  index  of  its  real  merits  ? 

531.  Ought  a  college  or  university  to  be  located  in  the  city  or  hi  the 
country  ? 

532.  Ought  a  man  to  propose  himself  for  a  public  office  and  advo 
cate  his  own  claims  to  preferment  ? 

533.  Is  Puseyism  compatible  with  Protestantism  ? 

534.  Is  man  a  free  moral  agent? 

535.  Has  the  love  of  money  more  influence  upon  mankind  than  edu 
cation  ? 

536.  Should  the  laws  of  justice  ever  be  turned  aside  to  favor  the 
cause  of  humanity  ? 

537.  Was  the  late  United-States  Japan  expedition  a  just  one  ? 

538.  Does  not  a  multiplicity  of  books  rather  clog  than  deepen  the 
channels  of  learning  ? 

539.  Is  the  character  of  Jefferson  worthy  of  admiration  ? 

540.  Was  the  execution  of  Lady  Jane  Grey  justifiable  ? 

541.  Was  it  not  the  purpose  of  Shakspeare  to  delineate,  in  the  con 
duct  of  Desdemona,  a  character  really  indelicate  and  even  unnatural, 
though  apparently  noble,  refined,  and  every  way  commendable  ? 


236  •  MISCELLANEOUS   QUESTIONS. 

Jf  542.  "Was  there  a  greater  field  for  eloquence  in  ancient  than  in 
modern  times  ? 

543.  Was  the  bankrupt  law  justifiable  ? 

544.  Are  our  liberties  more  endartgered  by  aristocracy  than   de 
mocracy  ? 

"V  545.  Were  the  crusades  beneficial  ? 

546.  Is  party  spirit  beneficial  to  a  country  ? 

547.  Is  a  fugitive  slave  justified  in  taking  the  property  of  others  to 
aid  his  escape  ? 

~^  548.  Is  offensive  war  justifiable  in  any  case  ? 
^  549.  Has  the  discovery  of  the  New  World  benefited  mankind  ? 
.    550.  Are  newspapers  beneficial  to  the  community  at  large  ? 

551.  Does  the  turpitude  of  a  crime  consist  wholly  in  the  intention? 

552.  Are  populous  cities  beneficial  to  a  country? 

553.  Is  there  reason  to  believe  that  the  sages  and  philosophers  of 
antiquity  secretly  discredited  the  popular  religious  systems  of  their  day  ? 

554.  Is  Pope's  "Essay  on  Man"  justly  chargeable  with  an  infidel 
tendency  ? 

555.  Ought  universal  suffrage  to  be  allowed  ?     . 

y?556.  Ought  ambition  to  be  used  as  a  motive  for  educating  youth  ? 

557.  Was  the  conquest  of  Granada  by  Ferdinand  and  Isabella  justi 
fiable? 

558.  Is  Hogarth's  theory,  respecting   the  fundamental  source,  or 
principle  of  beauty,  correct  ? 

559.  Was  Kossuth  justifiable  in  resigning  his  post  as  governor  of 
Hungary  into  the  hands  of  Gorgy,  and  in  fleeing  his  country  ? 

560.  Is  the  practice  of  reciting  the  speeches  of  others,  as  an  exer 
cise  in  elocution,  on  the  whole,  beneficial  ? 

561.  Is  it  really  a  measure  of  prudence  to  issue  what  are  termed 
"expurgated  editions  of  the  classics?" 

562.  Does  universal  suffrage  lead  men  to  value  electoral  rights  ? 

563.  Which  is  the  more  useful  to  society,  intellectual  or  physical 
labor? 

564.  Can  we  profit  more  by  the  excellences  than  by  the  defects  of 
others  ? 

565.  Is  the  character  of  Archbishop  Laud,  generally,  justly  esti 
mated  ? 

566.  Which  is  the  more  effective  external  means  of  securing  favor, 
dress  or  address  ? 

567.  Which  is  the  more  destructive  element,  fire  or  water  ? 


MISCELLANEOUS  QUESTIONS.  237 

568.  Can  any  process  of  reasoning  take  place  in  the  mind,  without 
the  aid  of  language,  orally  or  mentally  ? 

669.  Had  the  ancients  more  virtue  than  the  modems  ? 

570.  Is  prejudice  a  sin  ? 

571.  Is  there  more  to  approve  than  condemn  in  the  character  of 
Oliver  Cromwell  ? 

\^   572.  Which  has  been  the  more  serviceable  to  mankind,  the  printing- 
\  press  or  the  steam-engine  ?  . 

573.  Is  the  maxim,  "  Where  there's  a  will,  there' 's  a  way,"  always 
true? 

574.  "Would  it  be  of  advantage  to  fix  the  rate  of  wages  by  law  ? 
575;  Is  there  an  absolute  standard  of  honor,  as  of  right  ? 

576.  Is  the  maxim,  that  "  Men  should  surrender  some  of  their  rights," 
safe  and  just  ? 

577.  Do  democratic  institutions  promote  a  desirable  form  of  manners 
and  character  ? 

578.  Are  there  more  worlds  than  ono? 

579.  Are  early  marriages  conducive  to  the  well-being  of  society  ? 

580.  Is  it  a  wise  policy  for  Americans  to  send  their  children  into 
foreign  countries  to  be  educated  ? 

.581.  Ought  the  right  of  church  property  to  be  vested  exclusively  in 
Bishops  or  any  other  ecclesiastical  dignitaries  ? 

582.  Which  of  the  lower  animals  is  the  most  useful  to  mankind  ? 


SECTION   XIV. 

FOKMS  OF  A  CONSTITUTION  AND    BY-LAWS    SUITABLE 
FOR  A  LITERARY  OR  DEBATING  SOCIETY. 

TT  being  one  of  the  first  duties,  upon  the  formation 
•*-  of  a  Literary  or  Debating  Society,  to  provide  a  sys 
tem  of  rules  and  regulations,  whereby  the  objects  of 
the  society  may  be  more  certainly  secured,  it  is  cus 
tomary,  for  that  purpose,  to  appoint  a  committee  to 
draft  a  suitable  constitution,  as  also  such  by-laws  as 
may  seem  expedient. 

In  so  doing,  it  is  convenient  and  useful  to  have  at 
hand  forms  which  have  already  been  submitted  to  the 
test  of  experience  ;  for  these  serve  as  guides  in  ascer 
taining  what  has  elsewhere,  under  the  like  circum 
stances,  been  found  necessary  or  desirable. 

And,  although  every  essential  aid,  perhaps,  in  cases 
of  this  kind,  might  be  found  in  that  part  of  the  present 
work*  which  treats  of  the  Eules  of  Order  in  Delibera 
tive  Assemblies,  still,  that  nothing,  in  this  regard,  may 
be  wanting,  we  present,  in  this  Section,  literal  copies 
of  the  constitutions  and  by-laws  of  two  societies  now 
in  successful  operation.  Of  coarse,  they  are  not  given 
as  models  to  be  implicitly  followed,  but  as  forms  to  be 
altered,  modified,  and  adapted  to  circumstances.  It  is 
wisdom  to  avail  ourselves  of  the  experience  of  others. 
*  Sections  IV.  and  Y. 


CONSTITUTION"  AND  BY-LAWS* 

OF  THE 

YOUNG    ME  N'S 
AMERICAN  SOCIAL  AND  DEBATING   CLUB 

OP    THE    CITY    OP    NEW    YORK 


PREAMBLE. 

WHEREAS  it  is  necessary,  in  order  to  fit  ourselves 
for  the  varied  duties  of  life,  to  cultivate  a  correct  mode 
of  speaking,  and  to  qualify  ourselves,  by  practice,  to 
express  our  opinions  in  public,  in  a  correct  manner ; 
and,  whereas  the  extension  of  our  information  upon 
all  subjects  calculated  to  improve  the  mind,  is  highly 
commendable,  and,  as  experience  has  abundantly 
proved  that  these  ends  can  in  no  other  way  be  so 
speedily  accomplished  as  by  forming  a  Club  for  such 
a  purpose;  therefore,  we,  the  undersigned,  have  or 
ganized  a  Club,  and  have  adopted  for  our  government 
the  following  Constitution,  By -Laws,  Eules  and  Regu* 
tions. 

*  We  give,  as  before  said,  literal  copies  of  these  constitutions  and 
by-laws :  not  feeling  at  liberty  to  alter  either  their  language  or 
their  provisions,  however  much  we  might  wish  them,  in  some  par 
ticulars,  to  be  otherwise. 


240  FORMS  OF  A  CONSTITUTION 


CONSTITUTION. 


ARTICLE  I.f 

NAME. 

This  Club  shall  be  known  as  the  YOUNG  MEN'S 
AMERICAN  SOCIAL  and  DEBATING  CLUB  of  the  City 
of  New- York. 

ARTICLE   II.  * 

OBJECTS. 

The  objects  of  this  Club  shall  be  the  improvement 
of  all  connected  with  it,  in  debating,  social  advance 
ment,  and  general  literature.  All  questions  bordering 
on  immorality,  or  sectarian,  shall  be  excluded. 

ARTICLE  III. 

MEMBERSHIP. 

Clause  1. — None  other  than  Americans,  over  the 
age  of  fifteen,  and  under  the  age  of  twenty -five,  are 
eligible  for  membership. 

Clause  2. — Persons  of  any  age  may  be  elected  Hon 
orary  Members  of  this  Club,  by  a  unanimous  ballot ; 
but  they  shall  not  be  entitled  to  hold  office,  nor  to  vote. 

ARTICLE  IV. 

OFFICERS. 

The  officers  of  this  Club  shall  consist  of  a  Presi 
dent,  Vice-President,  Secretary  and  Treasurer,  all  of 
whom  shall  be  voted  for,  separately,  by  ballot. 


FOR  A  LITERARY  OR  DEBATING  SOCIETY.       241 
ARTICLE  V. 

DUTIES     OF    PRESIDENT. 

It  shall  be  the  duty  of  the  President  to  preside  at 
all  meetings  of  the  Club,  and  enforce  a  rigid  observ 
ance  of  the  Constitution,  By -Laws,  Eules  and  Eegula- 
tions  of  the  Club ;  appoint  all  Committees,  unless 
otherwise  ordered :  see  that  the  officers  perform  their 
respective  duties ;  inspect  and  announce  the  result  of 
all  ballotings,  or  other  votes ;  in  all  cases  of  balloting 
he  shall  be  permitted  to  vote  ;  in  other  cases  he  shall 
not  vote,  except  in  case  of  a  tie,  when  he  shall  give 
the  casting  vote  ;  in  balloting,  if  there  should  be  a  tie 
twice  in  succession,  he  shall  then  give  the  casting  vote 
except  in  case  of  election  of  officers ;  he  shall  neither 
make  nor  second  any  motion,  neither  shall  he  take 
part  in  any  debate  while  in  the  chair  ;  to  draw  upon 
the  Treasurer  for  all  sums  that  may  have  been  voted 
for;  and  to  have  a  general  superintendence  of  the 
business  of  the  Club. 

ARTICLE  VI. 

DUTIES     OF     VICE-PRESIDENT. 

It  shall  be  the  duty  of  the  Yice-President  to  preside 
in  the  absence  of  the  President,  and  perform  the  du 
ties  of  that  officer. 

ARTICLE    VII. 

DUTIES     OF     SECRETARY. 

It  shall  be  the  duty  of  the  Secretary  to  keep  the 
minutes  of  the  Club,  notify  candidates  of  their  elec 
tion,  register  the  names  of  the  members,  issue  all  no- 

11 


242  FOKMS  OF  A  CONSTITUTION 

tices  required,  and  perform  such,  other  duties  pertaining 
to  his  office  as  may  be  required  of  him  by  the  Club. 
At  the  first  meeting  in  every  month,  he  shall  present 
a  written  report  of  the  state  of  the  Club ;  and  its 
doings  during  the  past  month. 

ARTICLE   VIII. 

DUTIES     OF     TREASURER. 

It  shall  be  the  duty  of  the  Treasurer  to  take  care 
of  all  moneys  and  property  belonging  to  the  Club, 
and  keep  a  written  account  of  all  moneys  received  or 
expended ;  and,  at  the  first  meeting  in  every  month, 
present  a  written  report  of  the  financial  condition  of 
the  Club. 

ARTICLE   IX. 

ELECTION     OF     OFFICERS. 

Clause  1. — All  the  officers  of  this  Club  shall  be 
elected  by  ballot  to  serve  a  term  of  four  months. 

Clause  2. — They  shall  be  elected  at  the  first  regular 
meeting  in  January,  May  and  September,  and  installed 
on  the  first  regular  meeting  succeeding  their  election. 

Clause  3. — No  person  can  be  elected  to  an  office, 
until  he  has  been  a  member  of  this  Club  one  month. 

Clause  4. — A  majority  of  all  legal  votes  cast  shall 
be  necessary  to  a  choice. 

ARTICLE   X. 

REMOVALS      FROM     OFFICE. 

Clause  1. — Should  any  officer  or  member  of  a  com 
mittee  neglect  or  be  found  incompetent  to  discharge  the 


FOR  A  LITERARY  OR  DEBATING  SOCIETY.        243 

duties  of  his  office,  lie  may  be  removed  by  a  vote  of 
three  fourths  of  the  members  present. 

Clause  2.  All  places  of  absentees  in  committees  may 
be  filled  by  said  committees. 

ARTICLE    XI. 

AMENDM  E  NTS. 

No  addition,  alteration  or  amendment  can  be  made 
to  this  Constitution — neither  can  any  part  of  it  be  re 
pealed,  without  a  two-third  vote  of  the  Club,  and  one 
month's  previous  notice. 


BY-LAWS. 


ARTICLE  I. 

MEETIN  GS. 

SEC.  1. — This  Club  shall  assemble  on  the  first  and 
third  Wednesdays  of  each  month,  unless  otherwise 
ordered,  for  the  promotion  of  its  objects,  and  the 
transaction  of  its  business. 

SEC.  2. — This  club  shall  meet  annually  on  the  22d 
of  February,  to  celebrate  the  birth-day  of  the  Father 
of  our  Country,  at  such  place  as  the  Club  may  direct. 

SEC.  3. — Special  meetings  may  be  called  by  the 
President,  at  the  written  request  of  five  members. 

SEC.  -l.-^-The  hour  of  meeting  from  the  first  Wed 
nesday  in  April  to  the  first  Wednesday  in  September, 
shall  be  at  eight  o'clock  P.  M.,  and  from  the  first 
Wednesday  in  September  to  the  first  Wednesday  in 
April,  at  7|  o'clock  P.  M. 


244  FORMS  OF  A  CONSTITUTION 

ARTICLE   II. 

QUORUM. 

At  any  meeting  of  the  Club,  two  thirds  of  the  mem 
bers  shall  constitute  a  quorum. 

ARTICLE   III. 

MEMBERSHIP. 

SEC.  1. — Members  intending  to  propose  a  candidate 
for  membership,  shall  submit  his  birthplace,  name, 
age,  residence  and  occupation  to  the  Club.  A  com 
mittee  shall  then  be  appointed  by  the  chair,  (not 
consisting  of  the  person  who  proposed  him,)  said 
committee  to  visit  the  candidate  personally,  with  the 
Constitution  and  By-Laws,  and  to  report  to  the 
Club. 

SEC.  2. — After  the  report  has  been  disposed  of,  the 
Club  shall  proceed  to  ballot  for  the  candidate,  and 
should  two  thirds  of  the  ballot  be  for  admission,  he 
may  be  initiated  (if  present)  at  the  same  meeting. 
But  should  he  not  present  himself  for  initiation  within 
six  weeks,  (unless  a  sufficient  reason  be  given,)  his 
election  shall  become  void. 

SEC.  3. — No  candidate  rejected  shall  be  proposed 
again  for  membership  within  three  months. 

SEC.  4. — Every  candidate,  upon  being  initiated, 
shall  sign  the  Constitution  and  By -Laws  of  the  Club, 
and  thereby  agree  to  support  the  same,  and  pay  all 
legal  demands  against  him  as  long  as  he  remains  a 
member. 


FOR  A  LITERARY  OR  DEBATING  SOCIETY.       245 
ARTICLE   IV. 

INITIATION     FEE. 

All  persons  initiated  into  this  Club,  shall  pay  the 
sum  of  fifty  cents  upon  being  initiated.  No  person 
shall  be  entitled  to  the  privileges  of  a  member,  until 
said  initiation  fee  is  paid. 

ARTICLE   V. 

DUES. 

Every  member  shall  pay  the  sum  of  twenty-five 
cents  monthly,  in  advance,  into  the  treasury. 

ARTICLE  VI. 

FINES. 

The  Chair  shall  have  the  power  to  impose  the  fol 
lowing  fines : 

SEC.  1. — Any  member  who  shall,  at  the  meetings, 
make  use  of  any  improper  language,  or  refuse  to  obey 
the  commands  of  the  President  when  called  to  order, 
or  be  guilty  of  any  disorderly  conduct,  shall  be  fined 
for  each  offense  ten  cents. 

SEC.  2. — If  any  member  absent  himself  from  the 
meetings  two  evenings  in  succession,  unless  a  satis 
factory  excuse  be  given,  he  shall  be  fined  ten  cents. 

SEC.  3. — Any  member  who  shall  leave  the  Club  be 
fore  closing,  without  permission  from  the  President, 
shall  be  fined  ten  cents. 

SEC.  4. — If  a  member  appointed  to  serve  on  a  com 
mittee  neglects  to  attend  to  its  duties,  he  shall,  unless 
he  presents  a  satisfactory  excuse,  be  fined  ten  cents. 


246  FORMS  OF  A  CONSTITUTION 

SEC.  5. — Should  the  Secretary,  Treasurer,  or  any 
officer,  neglect  to  have  at  the  meetings  such  books  and 
papers  belonging  to  the  Club  as  may  be  necessary  to 
use;  or  neglect  to  perform  his  duties,  as  laid  down 
in  the  Constitution  and  By-Laws,  he  shall,  unless 
a  satisfactory  excuse  is  given,  be  fined  for  each  offense 
ten  cents. 

SEC.  6. — Should  a  committee  be  hindered  in  the 
performance  of  its  duty  through  the  negligence  of  any 
officer,  said  officer  shall  be  fined  ten  cents. 

SEC.  7. — If  a  member  neglect  to  pay  his  fines  or 
assessments  within  two  weeks  after  being  imposed,  he 
shall  be  fined  ten  cents ;  and  for  each  additional  week 
jive  cents. 

SEC.  8. — Should  any  member  refuse  to  conform  to 
the  Eules  of  Debate,  &c.,  he  shall  suffer  such  penalties 
as  are  there  laid  down. 

SEC.  9. — For  such  acts  of  negligence,  and  neglect 
of  duty,  as  are  not  noticed  in  the  above  sections,  the 
Chair,  with  the  consent  of  the  Club,  may  impose  a  fine 
not  exceeding  twenty-five  cents. 


ARTICLE  VII. 

APPEALS. 

Any  member  shall  have  the  right,  when  fined,  to 
appeal  from  the  decision  of  the  Chair  to  the  meeting ; 
and,  unless  the  Club  sustain  the  position  of  the  Chair, 
said  fine  shall  be  remitted. 


FOR  A  LITERARY  OR  DEBATING  SOCIETY.       247 

ARTICLE  VIII. 

The  Club  may  fine  the  President,  while  presiding, 
for  any  neglect  of  duty,  ten  cents. 

ARTICLE   IX. 

ARREARAGES. 

SEC.  1. — No  member  in  arrears  for  dues  more  than 
four  weeks,  or  fines  to  the  amount  of  fifty  cents,  shall 
be  privileged  to  vote  or  speak  on  any  question,  until 
said  arrearages  are  paid. 

SEC.  2. — Every  member  who  shall  refuse  or  neglect 
to  pay  his  dues  for  the  space  of  two  weeks,  shall  be 
notified  thereof  by  the  Secretary,  if  practicable,  and 
if,  after  four  weeks  thereafter,  his  account  remains 
unsettled,  he  shall  stand  suspended ;  and  shall  not  be 
reinstated,  until  all  dues  and  arrearages  against  him 
shall  be  paid. 

SEC.  3. — Any  member  who  shall  be  in  arrears  to  the 
Club  to  the  amount  of  two  dollars,  shall  be  suspended ; 
and  should  his  account  remain  unsettled  four  weeks 
thereafter,  he  shall  be  expelled. 

ARTICLE   X. 

TAX. 

If  the  funds  of  this  Club  should,  at  any  time,  be  ex 
hausted,  or  inadequate  to  meet  its  demands,  there  shall 
be  an  equal  tax  upon  each  member  to  make  up  the 
deficiency. 


248  FORMS  OF  A  CONSTITUTION 

ARTICLE    XI. 

SUSPENSION     AND      EXPULSION. 

SEC.  1. — Any  member  who  shall  refuse  to  conform 
to  the  Constitution,  By -Laws,  Rules  and  Regulations 
of  this  Club,  or  be  guilty  of  repeated  disorderly  con 
duct,  shall  be  subject  to  suspension  or  expulsion. 

SEC.  2. — When  the  motion  for  the  expulsion  of  a 
member  shall  have  been  made,  it  shall  be  announced 
at  two  regular  meetings  previous  to  action  being  taken, 
when  the  accused  shall  be  permitted  to  show  reasons 
why  he  should  not  be  expelled.  If,  however,  two 
thirds  of  the  members  present  vote  in  favor  of  the 
motion  it  shall  be  carried,  and  under  no  circumstances 
can  it  be  reconsidered. 

SEC.  3. — Members  expelled  cannot  be  proposed 
again  for  membership,  within  one  year. 

SEC.  4. — Any  member  who  resigns  from  this  Club, 
can  not  become  a  member  again,  until  all  dues,  from  the 
time  he  left  the  Club,  be  paid  up  in  full. 

ARTICLE    XII. 

AMENDMENTS. 

No  addition,  alteration,  or  amendment,  can  be  made 
to  these  By-Laws ;  neither  can  any  part  of  them  be 
repealed,  without  a  two-third  vote  of  the  Club,  and 
one  month's  previous  notice. 


FOB  A  LITERARY  OR  DEBATING  SOCIETY.        249 


RULES  OF  ORDER. 

EULE  1. — No  question  shall  be  stated,  unless  moved 
by  two  members,  nor  be  open  for  consideration,  until 
stated  by  the  Chair.  When  a  question  is  before  the 
Club,  no  motion  shall  be  received,  except  to  lay  on  the 
table,  the  previous  question,  to  postpone,  to  refer,  or  to 
amend,  and  they  shall  have  precedence  in  the  order, 
in  which  they  are  arranged. 

EULE  2. — When  a  member  intends  to  speak  on  a 
question,  he  shall  rise  in  his  place,  and  respectfully 
address  his  remarks  to  the  President,  confine  himself 
to  the  question,  and  avoid  personality.  Should  more 
than  one  member  rise  to  speak,  at  the  same  time,  the 
President  shall  determine  who  is  entitled  to  the 
floor. 

EULE  3. — Every  member  shall  have  the  privilege 
of  speaking  twice  on  any  question  under  consideration, 
but  not  oftener,  unless  by  consent  of  the  President ; 
and  no  member  shall  speak  more  than  once,  until  any 
member  wishing  to  speak  shall  have  spoken. 

EULE  4. — The  President,  while  presiding,  shall  state 
every  question  coming  before  the  Club,  and  immedi 
ately  before  putting  it  to  vote,  shall  ask :  "  Are  you 
ready  for  the  question  ?"  Should  no  member  rise  to 
speak,  he  shall  rise  to  take  the  question ;  and  after  he 
has  risen,  no  member  shall  speak  upon  it,  unless  by 
permission  of  the  President. 

EULE  5. — The  affirmative  and  negative  of  the  ques 
tion  having  been  both  put  and  answered,  the  President 
declares  whether  the  affirmative  or  negative  have  it, 

11* 


250  FOKMS  OF  A  CONSTITUTION 

being  himself  satisfied  which  is  the  greater  ;  but,  if  he 
be  not,  or  if  before  any  member  enters  or  leaves  the 
Club,  a  member  shall  rise  and  declare  himself  dissat 
isfied  with  the  President's  decision,  then  the  President 
shall  divide  the  Club. 

EULE  6. — Any  three  members  calling  for  the  yeas 
and  nays,  they  shall  be  ordered  by  the  President,  and 
recorded  on  the  minutes.  Each  qualified  member 
present  shall,  when  called  upon  for  his  vote,  declare 
openly  and  without  debate,  his  assent  or  dissent  to  the 
question,  unless  he  be  excused  by  the  Club. 

RULE  7. — All  questions,  unless  otherwise  fixed  by 
law,  shall  be  determined  by  a  majority  of  votes. 

RULE  8. — After  any  question,  except  one  of  indefi 
nite  postponement,  has  been  decided,  any  member 
may  move  a  reconsideration  thereof,  if  done  in  two 
weeks  after  the  decision.  A  motion  for  a  reconsidera 
tion  the  second  time,  of  the  same  question,  shall  not 
be  in  order  at  any  time. 

RULE  9. — Any  two  members  may  call  for  a  division 
of  a  question,  when  the  same  will  admit  of  it. 

RULE  10. — The  President,  or  any  member,  may  call 
a  member  to  order,  while  speaking,  when  the  debate 
must  be  suspended,  and  the  member  takes  his  seat 
until  the  question  of  order  is  decided. 

RULE  11. — The  President  shall  preserve  order  and 
decorum ;  may  speak  to  points  of  order  in  preference 
to  other  members ;  and  shall  decide  all  questions  of 
order,  subject  to  an  appeal  to  the  Club  by  any  mem 
ber  ;  on  which  appeal  no  person  shall  speak  but  the 
President,  and  the  member  called  to  order. 

RULE  12. — No  motion  or  proposition  on  a  subject 


FOR  A  LITEEARY  OR  DEBATING  SOCIETY.        251 

different  from  that  under  consideration,  shall  be  ad 
mitted  under  color  of  an  amendment. 

EULE  13. — Every  motion  shall  be  reduced  to  writ 
ing,  should  the  President,  Secretary,  or  any  two  mem 
bers  desire  it. 

KULE  14. — All  Kesolutions,  and  Eeports  of  Com 
mittees,  shall  be  presented  in  writing,  and  signed  by 
the  members  offering  the  same. 

KULE  15. — A  majority  of  a  Committee  constitutes  a 
quorum  for  the  transaction  of  business. 

EULE  16.' — An  amendment  to  an  amendment  is  in 
order,  but  not  to  amend  an  amendment  to  an  amend 
ment  of  a  main  question. 

EULE  17. — The  previous  question  shall  be  put  in 
this  form,  if  seconded  by  a  majority  of  the  members 
present:  "  Shall  the  main  question  now  be  put?"  If 
decided  in  the  affirmative,  the  main  question  is  to  be 
put  immediately,  and  all  further  debate  or  amendment 
must  be  suspended. 

EULE  18. — No  subject  laid  on  the  table  shall  be 
taken  up  again  on  the  same  evening. 

EULE  19. — Members  not  voting  shall  be  considered 
as  voting  in  the  affirmative,  unless  excused  by  the 
Club. 

EULE  20. — Any  member  offering  a  protest  against 
any  of  the  proceedings  of  this  Club,  may  have  the 
same,  if  in  respectful  language,  entered  in  full  upon 
the  minutes. 

EULE  21. — No  alteration  can  be  made  in  these  rules 
of  order  without  a  two -third  vote  of  the  Club,  and  one 
month's  notice,  neither  can  they  be  suspended  but  by 
a  like  vote,  and  for  the  evening  only. 


252  FOEMS  OF  A  CONSTITUTION 


RULES    OF   DEBATE. 

EULE  1. — The  following  shall  be  the  exercises  for 
the  promotion  of  the  objects  of  the  Club.  On  the  first 
meeting  in  every  month,  the  Club  may  choose  one 
member  who  shall  deliver  a  lecture,  essay,  or  recita 
tion. 

KULE  2. — On  the  evening  for  debating,  the  Presi 
dent  shall  first  state  the  subject,  and  the  sides  shall 
then  speak  alternately,  if  desiring ;  the  leader  of  the 
affirmative  always  opening  the  debate,  and  the  leader 
of  the  negative  always  answering.  The  leader  of  the 
negative  only  shall  close  the  debate. 

EULE  3. — In  any  debate,  no  person  shall  speak  more 
than  twice,  without  permission  from  the  President,  nor 
more  than  once,  until  every  member  wishing  to  speak 
shall  have  spoken.  No  member  shall  occupy  the  floor 
more  than  ten  minutes. 

EULE  4. — The  presiding  officer  shall  decide  all  de 
bates  according  to  the  merits  of  the  arguments  used 
by  either  side. 

EULE  5. — These  rules  may  be  altered  or  amended 
by  a  two-third  vote  of  the  Club ;  written  notice  of  the 
intended  alteration  or  amendment  having  been  given 
one  month  previous. 


ORDER   OF   BUSINESS. 

1.  Call  to  order. 

2.  Calling  of  the  roll. 


FOR  A  LITERARY  OR  DEBATING  SOCIETY.       253 

3.  Eeading  minutes  of  previous  meeting. 

4.  Propositions  for  membership. 

5.  Keports  of  special  committees. 

6.  Balloting  for  candidates. 

7.  Keports  of  standing  committees. 

8.  Secretary's  report. 

9.  Treasurer's  report. 

10.  Eeadings  for  the  evening. 

11.  Eecitations  for  the  evening. 

12.  Candidates  initiated. 

13.  Unfinished  business. 

14.  Debate. 

15.  New  business. 

16.  Adjournment. 


I 


OF  FRATERNAL   COURTESY. 

IT  is  particularly  enjoined  that  the  members  of  this 
Club  treat  each  other  with  due  delicacy  and  respect, 
and  thSt  all  discussions  be  conducted  with  candor, 
spirit,  moderation  and  open  generosity,  and  that  all 
personal  allusions  and  sarcastic  language,  by  which  a 
brother's  feelings  may  be  hurt,  be  done  away  with 
and  carefully  avoided,  that,  in  concord  and  good  fel 
lowship,  we  may  cherish  and  preserve  the  prominent 
features  of  our  Club, 

FRIENDSHIP,  LOVE  AND  TRUTH. 


CONSTITUTION, 


,  anfc  Bales  of 

OP  THE 

ADDISONIAN    SOCIETY, 

OP  THE  CITY  OF  NEW  YORK. 


^preamble. 

WE,  the  undersigned,  do  declare  ourselves  an  Asso 
ciation  for  mutual  improvement  in  Elocution,  Compo 
sition  and  Debate,  and  for  enlarging  our  fund  of  gen 
eral  intelligence:  in  the  pursuit  of  which  objects  we 
desire  to  exhibit  a  due  consideration  for  the  opinions 
and  feelings  of  others,  to  maintain  a  perfect  command 
of  temper  in  all  our  intercourse,  to  seek  for  -truth  in 
all  our  exercises — and  have  adopted  for  our  govern 
ment  the  following  Constitution,  By-Laws,  and  Rules 
of  Order. 


CONSTITUTION. 

ARTICLE  I. — NAME. 

This  Association  shall  be  known  by  the  name  of 
the  "  ADDISONIAN"  SOCIETY." 


FORMS  OF  A  CONSTITUTION.  255 

ARTICLE  n. — OFFICERS. 

The  Officers  of  the  Association  shall  consist  of  a 
President,  a  Yice  President,  Eecording  Secretary,  Cor 
responding  Secretary,  and  Treasurer,  who  shall  con 
stitute  a  Board  of  Directors ;  also  two  Tellers  and  an 
Editor. 

ARTICLE  IH. — OFFICERS'  DUTIES. 

Sec.  1. — It  shall  be  the  duty  of  the  President  to  pre 
side  at  all  meetings  of  the  Society,  to  enforce  a  due 
observance  of  the  Constitution,  By-Laws,  and  Eules 
of  Order ;  to  decide  all  questions  of  order,  offer  for 
consideration  all  motions  regularly  made,  apportion 
duties  two  weeks  in  advance,  call  all  special  meetings, 
appoint  all  committees  not  otherwise  provided  for, 
and  perform  such  other  duties  as  his  office  may  require. 
He  shall  make  no  motion  or  amendment,  nor  vote  on 
any  question  or  motion,  unless  the  Society  be  equally 
divided,  when  he  shall  give  the  casting  vote. 

Sec.  2. — In  the  absence  of  the  President,  the  Yice 
President  shall  perform  the  duties  of  that  officer,  and 
shall  be  Chairman  of  the  Board  of  Directors. 

Sec.  3. — The  Eecording  Secretary  shall  keep  in  a 
book,  provided  for  the  purpose,  a  record  of  the  pro 
ceedings  of  the  Society ;  also  a  record  of  the  name 
and  residence  of  each  member,  showing,  when  he  was 
admitted,  and  when  he  died,  resigned,  or  was  expelled ; 
keep  a  record  of  the  subjects  debated,  the  disputants 
and  the  decisions  of  the  Society  in  a  separate  book, 
and  shall  have  charge  of  all  books,  documents  and 
papers  belonging  to  the  Society. 


256  FOEMS  OF  A  CONSTITUTION 

Sec.  4.  The  Corresponding  Secretary  shall  notify 
absent  members  of  their  duties  for  the  two  succeeding 
meetings,  also  each  person  elected  a  member,  of  such 
election,  and  shall  write  all  communications. 

Sec.  5.  The  Treasurer  shall  receive  all  moneys  be 
longing  to  the  Society ;  keep  an  account  of  all  dues 
and  fines,  and  of  all  receipts  and  expenditures ;  notify 
each  member  monthly  of  his  dues  and  fines,  and  collect 
the  same ;  and  shall  call  the  Eoll  at  the  opening  and 
close  of  each  meeting.  He  shall  report  the  state  of 
the  Treasury  whenever  required  by  a  resolution  of  the 
Society,  and  shall  make  no  payments  without  a  written 
order  from  the  President,  and  countersigned  by  the 
Recording  Secretary. 

Sec.  6.  The  Editor  shall  copy,  in  a  book  provided 
for  the  purpose,  all  communications  received  by  him, 
excluding  such  as  may  contain  personal  or  improper 
remarks,  and  shall  read  the  same  at  every  alternate 
meeting  of  the  Society.  He  shall  maintain  secresy 
concerning  the  authorship  of  all  communications,  and 
insert  them  without  addition  or  alteration.  Such 
periodical  shall  be  called  the  u  Addisonian  Review." 

'Sec.  7.  The  Tellers  shall  canvass  the  votes  cast  at 
all  elections ;  shall  immediately  make  known  the  re 
sult  of  same,  and  render  a  true  written  report  at  the 
meeting  following  such  election. 

Sec.  8.  The  Board  of  Directors  shall  be  a  Standing 
Committee  to  manage  the  affairs  of  the  Society,  hold 
ing  meetings  at  least  once  a  month.  They  shall  de 
cide  upon  all  questions  of  debate  offered  in  the  Society  ? 
and  shall  examine  and  inquire  into  the  standing  of  all 
persons  proposed  for  membership,  and  at  the  next 


FOR  A  LITERARY  OR  DEBATING  SOCIETY.       257 

regular  meeting,  report  the  result  to  the  Society,  who 
shall  determine  upon  their  admission. 

Sec.  9.  The  Board  of  Directors  and  Treasurer  shall 
present  to,  and  read  before  the  Society,  reports  at  the 
expiration  of  their  terms  of  office. 

ARTICLE  IV. — ELECTION  OF  OFFICERS. 

Sec.  1.  All  Elections  for  Officers  shall  be  held  at 
the  last  regular  meetings  in  June  and  January.  The 
term  of  each  shall  commence  at  the  meeting  following 
his  election.  In  case  of  a  vacancy  occurring  in  any 
office,  the  Society  shall  go  into  an  immediate  election 
to  fill  the  same,  and  the  officer  elect  shall  take  his  seat 
immediately  after  such  election. 

Sec.  2.  All  elections  for  officers  shall  be  made  by 
ballot,  and  shall  be  determined  by  two  thirds  of  the 
votes  cast. 

ARTICLE  V. — MEMBERSHIP. 

Sec.  1.  Any  member  may  propose  a  person  for 
membership  at  a  regular  meeting,  by  giving  his  name, 
residence  and  occupation,  and  after  being  reported 
upon  by  the  Board  of  Directors,  the  Society  shall  de 
termine  his  admission  by  a  three-fourth  vote  of  the 
members  present. 

Sec.  2.  Any  person  may  be  elected  an  Honorary 
Member ,  of  the  Society,  by  a  unanimous  vote  at  a 
regular  meeting.  He  shall  be  entitled  to  all  the  privi 
leges  of  a  member,  except  holding  office  or  voting 
upon  any  question  or  motion,  and  shall  not  be  fined 
for  absence,  nor  called  upon  for  the  initiation  fee  or 
dues. 


258  FOEMS  OF  A   CONSTITUTION 

ARTICLE  VI. — AMENDMENTS  TO  CONSTITUTION,  &c. 

Every  proposed  alteration,  amendment  or  addition 
to  this  Constitution,  By-Laws  and  Kules  of  Order 
hereunto  annexed,  must  be  handed  to  the  President  in 
writing,  who  shall  publish  the  same  to  the  Society,  and 
at  the  next  regular  meeting,  it  shall  be  adopted  by  a 
two-third  vote  of  the  members  present. 

ARTICLE  VII. — ORDER  OF  BUSINESS. 

A  motion  to  change  the  Order  of  Business,  or  to 
postpone  the  performance  of  the  regular  duties,  shall 
require,  for  its  adoption,  a  vote  of  two  thirds  of  the 
members  present. 

ARTICLE  VUL — SUSPENSION  OF  BY-LAWS. 

A  By -Law  or  Kule  of  Order  may  be  suspended  in 
case  of  an  emergency,  by  a  two-third  vote  of  the 
members  present,  but  only  for  a  single  evening. 


BY-LAWS. 

ARTICLE  I. — MEETINGS. 

Sec.  1.  This  Society  shall  hold  its  meetings,  unless 
otherwise  ordered,  on  Saturday  evening  of  each  week ; 
the  hour  of  meeting  during  the  months  of  October, 
November,  December  and  January,  shall  be  at  7| 
P.  M.,  and  at  8  o'clock  during  the  rest  of  the  year ;  the 
meetings  to  stand  adjourned  at  10|. 


FOB  A  LITERARY  OR  DEBATING  SOCIETY.       259 

Sec.  2.  Six  members  shall  be  necessary  to  consti 
tute  a  quorum. 

Sec.  3.  At  the  request  of  six  members  the  Presi 
dent  shall  call  a  special  meeting  of  the  Society.  In 
case  of  absence  from  any  special  meeting,  a  member 
shall  be  fined  in  accordance  with  Article  5th,  Section 
1st,  of  these  By -Laws. 

ARTICLE  II. — INAUGURATION  OF  OFFICERS. 

At  the  inauguration  of  each  Officer,  he  shall  be  re 
quired  to  make  the  following  affirmation : 

"  I  do  hereby  solemnly  promise,  that  I  will  faithfully 
discharge  the  duties  of  my  office  to  the  best  of  my 
knowledge  and  ability." 

ARTICLE  DI. — INITIATION  OF  MEMBERS. 

The  following  affirmation  shall  be  required  of  each 
person  becoming  a  member : 

"  I  do  hereby  solemnly  promise,  that  I  will  observe 
and  strictly  obey  all  the  laws,  rules  and  regulations 
set  down  in  the  Constitution  of  this  Society,  and  do 
further  declare,  that  I  entertain  no  ill- will  toward  any 
member." 

ARTICLE  IV. — DEBATES,  ESSAYS,  RECITATIONS,  &c. 

Sec,  1.  The  two  Orders  of  Business  hereunto  pre 
fixed,  shall  occupy  alternate  meetings  of  the  Society. 
On  the  Debating  evening,  there  shall  be  a  general  de 
bate,  which  shall  be  opened  on  either  side,  by  a  mem 
ber  previously  appointed.  On  the  Miscellaneous 
evening,  half  of  the  members  shall  alternately  perform 


260  FORMS  OF  A  CONSTITUTION 

duties,  either  in  Essay  or  Kecitation,  as  the  President 
may  have  previously  designated. 

Sec.  2.  The  following  questions,  or  such  part  as 
time  will  permit,  shall  be  asked  at  every  Miscellaneous 
meeting  of  the  Society,  commencing  where  they  were 
left  off  at  the  previous  meeting : 

1st.  Have  you  lately  met  with  any  thing  calculated 
to  interest  or  improve  the  Society,  either  in  History, 
Travels,  Sciences,  the  Arts,  or  other  branches  of  use 
ful  knowledge  ? 

2d.  Do  you  know  of  any  amusing  story  proper  to 
relate  in  conversation  ? 

3d.  Have  you  any  questions  for  debate  to  submit 
for  the  consideration  of  this  Board  ? 

Sec.  3.  The  leaders  in  debate  shall  be  allowed  to 
speak  fifteen  minutes  each  time ;  all  others  shall  be 
limited  to  ten  minutes. 

Sec.  4.  All  communications  intended  for  insertion 
in  the  "  Addisonian  Keview,"  must  be  original,  and 
written  by  members  of  the  Society,  and  handed  to  the 
Editor  at  least  three  days  before  publication. 

ARTICLE  V. — DUES,  FINES,  &c. 

Sec.  1.  The  Fines  shall  be  as  follows,  viz. :  for  late 
attendance,  non-performance  of  duty,  disorderly  con 
duct,  and  for  calling  to  order  without  substantiating 
the  point,  each,  five  cents;  for  absence,  (except  of 
leaders  on  debate,  which  shall  be  fifteen  cents,)  ten 
cents  ;  and  for  leaving  the  room  without  permission 
of  the  President,  twenty-five  cents. 

Sec.  2.     Every  person  on  taking  his  seat,  as  a  mem- 


FOR  A  LITERARY  OR  DEBATING  SOCIETY.        261 

ber,  shall  pay  to  the  Treasurer  an  initiation  fee  of  fifty 
cents.  The  monthly  dues  shall  be  thirty  cents,  pay 
able  in  advance. 

Sec.  3.  In  case  any  officer  neglects  a  duty,  he  shall, 
upon  motion  of  a  member,  and  with  the  consent  of 
the  Society,  be  fined  ten  cents ;  and  should  he  still 
persist  in  neglecting  such  duty,  he  may  be  removed 
from  his  office  by  a  two-third  vote  of  the  members 
present. 

Sec.  4.  If  any  member  calls  another  to  order  and 
fails  to  substantiate  his  point,  he  shall  be  fined  in  ac 
cordance  with  Section  first  of  this  Article. 

Sec.  5.  Any  member  who  shall  make  use  of  im 
proper  language,  or  refuse  to  obey  when  called  to 
order,  shall  be  fined  in  accordance  with  Section  first 
of  this  Article ;  and,  if  he  repeat  the  offense,  he  may 
be  expelled  from  the  Association  by  a  two-third  vote 
of  the  members  present. 

Sec.  6.  If  any  member  neglects  to  pay  his  fines  or 
dues  within  two  weeks  after  becoming  payable,  he 
shall  be  notified  thereof  by  the  Treasurer,  and,  if  he 
still  neglects  payment,  he  shall,  at  the  next  regular 
meeting  after  receiving  said  notice,  be  suspended  for 
two  weeks ;  and  if  then  in  arrears,  shall  be  considered 
as  no  longer  a  member. 

ARTICLE  VI. — APPEALS,  <fec. 

Sec.  1.  An  Appeal  may,  in  all  cases,  be  made  from 
any  decision  of  the  President ;  a  two-third  vote  of  the 
members  present  shall  be  necessary  to  sustain  the  ap 
peal. 

Sec.  2.     Any  member  having  made  an  appeal  from 


262  FORMS  OF  A  CONSTITUTION 

a  decision  of  the  President,  may  sustain  such  appeal, 
and  the  President  may  give  his  reasons  for  his  decision, 
before  the  question  is  put,  which  being  passed  upon, 
the  matter  shall  be  considered  as  settled. 

ARTICLE  VII. — COMMITTEES. 
All  Committees  shall  make  their  reports  in  writing. 


RULES  OF  ORDER. 

1.  The  President,  or  in  his  absence  the  Vice  Pres 
ident,  shall  take  the  Chair  at  the  hour  named  in  Arti 
cle  I.,  Section  1,  of  the  By-Laws.     In  the  absence  of 
those  officers,  a  President  pro  tern,  shall  be  chosen  by 
the  Society. 

2.  The  President  shall  be  privileged  to   debate 
upon  all  subjects,  on  calling  the  Yice  President,  or  any 
other  member  willing,  to  the  Chair. 

3.  After  the  meeting  has  been  called  to  order,  each 
member  shall  take  a  seat,  which  he  shall  be  required 
to  occupy  during  the  evening,  and  shall  not  interrupt 
the  proceedings  by  reading  or  conversation,  without 
permission  of  the  President. 

4.  No  member  shall  speak  on  any  motion  (except 
the  mover  thereof)  more  than  twice,  nor  more  than 
once  until  all  wishing  to  speak  have  spoken ;  neither 
shall  he  make  or  debate  an  amendment,  having  spoken 
twice  on  the  original  motion,  without  permission  of 
the  Society. 


FOE  A  LITEEARY  OE  DEBATING  SOCIETY.       263 

5.  "When  two  or  more  members  rise  at  the  same 
time,  the  President  shall  name  the  person  to  speak. 

6.  When  a  member  shall  be  called  to  order  by  the 
President  or  any  member,  he  shall  at  once  take  his 
seat,  and  every  question  of  order  shall  be  decided  by 
the  President  without  debate. 

7.  No  motion  shall  be  debatable  until  seconded. 

8.  Appeals,  and  motions  to  reconsider  or  adjourn, 
are  not  debatable. 

9.  When  a  question  is  under  debate,  no  motion 
shall  be  received  but  to  lay  on  the  table,  to  postpone, 
to  commit,  or  to  amend. 

10.  No   member    shall    interrupt    another  while 
speaking,  except  in  accordance  with  Eule  of  Order, 
No.  6. 

11.  A  motion  to  adjourn  shall  always  be  in  order, 
except  when  another  motion  is  before  the  Society. 

12.  When  a  motion  or  amendment  shall  be  made 
and  seconded,  the  mover  thereof  may  be  called  upon 
by  the  President  or  any  member  to  reduce  the  same  to 
writing,  and  hand  it  in  at  the  table,  from  which  it  shall 
be  read  before  open  to  the  Society  for  debate. 

13.  The  mover  of  a  motion  shall  be  at  liberty  to 
accept  any  amendment  thereto ;  but  if  an  amendment 
be  offered  and  not  accepted,  yet  duly  seconded,  the 
Association  shall  pass  upon  it  before  voting  upon  the 
original  motion. 

14.  Any  member  may  criticise  Essays  or  Kecita- 
tions  delivered  before  the  Society,  provided  he  do  not 
occupy  more  than  five  minutes. 

15.  Before  taking  the  vote  on  any  question,  the 
President  shall  ask :  "  Are  you  ready  for  the  ques- 


264  FORMS  OF  A  CONSTITUTION". 

tion  ?"  Should  no  one  offer  to  speak,  the  President 
shall  rise  to  put  the  question,  and  after  he  has  risen, 
no  member  shall  speak  upon  it  without  permission  of 
the  Society. 

16.  When  a  motion  to  adjourn  is  carried,  no  mem 
ber  shall  leave  his  seat,  until  the  President  have  left 
his  chair. 

17.  "When  a  motion  has  been  made  and  decided,  it 
shall  be  in  order  for  any  member  (but  such  as  have 
voted  in  the  minority),  to  move  the  re-consideration 
thereof,  if  done  within  three  weeks  after  being  voted 
upon. 

18.  Every  officer,  on  leaving  his  office,  shall  give 
to   his   successor   all   papers,  documents,  books  and 
money  belonging  to  the  Society. 

19.  No   smoking,    and    no    refreshments,   except 
water,  shall  be  allowed  in  the  Society's  rooms. 


APPENDIX. 

TJEEE  we  append,  for  convenience  of  reference,  and 
•**-  as  being  what  every  American  should  know  and 
understand,  a  copy  (from  the  Manual  prepared  for  the 
use  of  the  United  States  House  of  Eepresentatives,)  of 
the  Constitution  of  the  United  States,  the  Amendments 
thereto,  and  several  accompanying  documents. 


CONSTITUTION. 

WE,  the  People  of  the  United  States,  in  Preamble. 
order  to  form  a  more  perfect  Union,  es 
tablish  justice,   insure  domestic   tran 
quillity,  provide  for  the  common  de 
fense,  promote  the  general  welfare,  and 
secure  the  blessings  of  liberty  to  our 
selves  and  our  posterity,  do  ordain  and 
establish  this  Constitution  for  the  United 
States  of  America. 


ARTICLE   I. 

SECTION   I. 

All  legislative  powers  herein  granted 
shall  be  vested  in  a  Congress  of  the  United 

12 


266 


CONSTITUTION 


States,  which  shall  consist  of  a  Senate  and 
House  of  Kepresentatives. 


Kepresentatives, 
how  chosen. 


Qualification  of 
Kepresentatives. 


SECTION    II. 

The  House  of  Kepresentatives  shall  be 
composed  of  members  chosen  every  second 
year  by  the  people  of  the  several  States,  and 
the  electors  in  each  State  shall  have  the  qual 
ifications  requisite  for  electors  of  the  most 
numerous  branch  of  the  State  legislature. 
No  person  shall  be  a  Eepresentative  who 
shall  not  have  attained  the  age  of  twenty- 
five  years,  and  have  been  seven  years  a 
citizen  of  the  United  States,  and  who  shall 
not,  when  elected,  be  an  inhabitant  of  that 
State  in  which  he  shall  be  chosen. 
Apportionment  of  Representatives  and  direct  taxes  shall  be 
and  dSect  tazea'  apportioned  among  the  several  States  which 
may  be  included  within  this  Union,  accord 
ing  to  their  respective  numbers,  which  shall 
be  determined  by  adding  to  the  whole  num 
ber  of  free  persons,  including  those  bound 
to  service  for  a  term  of  years,  and  exclud 
ing  Indians  not  taxed,  three  fifths  of  all 
other  persons.  The  actual  enumeration 
shall  be  made  within  three  years  after  the 
first  meeting  of  the  Congress  of  the  United 
States,  and  within  every  subsequent  term 
census  every  ten  of  ten  years,  in  such  manner  as  they  shall 
by  law  direct.  The  number  of  Represent 
atives  shall  not  exceed  one  for  every  thirty 
thousand,  but  each  State  shall  have  at  least 


OF  THE   UNITED  STATES.  267 

one  representative ;  and  until  such,  enum 
eration  shall  be  made,  the  State  of  New 
Hampshire  shall  be  entitled  to  choose  three, 
Massachusetts  eight,  Rhode  Island  and  Provi 
dence  Plantations  one,  Connecticut  five,  New 
York  six,  New  Jersey  four,  Pennsylvania 
eight,  Delaware  one,  Maryland  six,  Vir 
ginia  ten,  North  Carolina  five,  South  Car 
olina  five,  and  Georgia  three. 

When  vacancies  happen  in  the  repre-  vacancies,  how 
sentation  from  any  State,  the   executive 
authority  thereof  shall  issue  writs  of  elec 
tion  to  fill  such  vacancies. 

The   House    of   Eepresentatives  shall  Representatives 

_  choose  officers  and 

choose  their  Speaker  and  other  officers;  bring  impeach- 

ments. 

and  shall  have  the  sole  power  of  impeach 
ment. 

SECTION  m. 

The  Senate  of  the  United  States  shall 
be  composed  of  two  Senators  from  each 
State,  chosen  by  the  legislature  thereof, 
for  six  years ;  and  each  Senator  shall  have 
one  vote. 

Immediately  after  they  shall  be  assem-  senators  classed, 
bled  in  consequence  of  the  first  election, 
they  shall  be  divided  as  equally  as  may 
be  into  three  classes.  The  seats  of  the 
Senators  of  the  first  class  shall  be  vacated 
at  the  expiration  of  the  second  year ;  of 
the  second  class,  at  the  expiration  of  the 
fourth  year;  and  of  the  third  class,  at 
the  expiration  of  the  sixth  year ;  so  that 


268  CONSTITUTION 

one  third  may  be  chosen   every  second 
vacancies,  how     year :  and  if  vacancies  happen  by  resigna 
tion  or  otherwise  during  the  recess  of  the 
legislature  of  any  State,   the  executive 
thereof   may   make    temporary   appoint 
ments  until  the  next  meeting  of  the  legis 
lature,  which  shall  then  fill  such  vacancies. 
Qualifications  of        No  person  shall  be  a  Senator  who  shall 

Senators. 

not  have  attained  to  the  age  of  thirty 
years,  and  been  nine  years  a  citizen  of  the 
United  States,  and  who  shall  not,  when 
elected,  be  an  inhabitant  of  that  State  for 
which  he  shall  be  chosen. 

vice  President  to  The  Yice  President  of  the  United  States 
shall  be  President  of  the  Senate,  but  shall 
have  no  vote  unless  they  be  equally  di 
vided. 

officers  of  senate.  The  Senate  shall  choose  their  other  offi 
cers,  and  also  a  President  pro  tempore  in  the 
absence  of  the  Vice  President,  or  when  he 
shall  exercise  the  office  of  President  of  the 
United  States. 

Trial  of  impeach-  The  Senate  shall  have  the  sole  power  to 
try  all  impeachments.  When  sitting  for 
that  purpose,  they  shall  be  on  oath  or 
affirmation.  When  the  President  of  the 
United  States  is  tried,  the  Chief  Justice 
shall  preside :  and  no  person  shall  be  con 
victed  without  the  concurrence  of  two 
thirds  of  the  members  present. 

judgment  in  im-       Judgment  in  cases  of  impeachment  shall 

peachments. 

not  extend  further  than  to  removal  from 


OF  THE   UNITED  STATES.  269 

office  and  disqualification  to  hold  and  en 
joy  any  office  of  honor,  trust,  or  profit  Effected 
under  the  United  States;  but  the  party 
convicted  shall  nevertheless  be  liable  and 
subject  to  indictment,  trial,  judgment,  and 
punishment,  according  to  law. 

SECTION   IV. 

The  times,  places,  and  manner  of  hold 
ing  elections  for  Senators  and  Kepresenta-  Elections,  when 
tives  shall  be  prescribed  in  each  State  by 
the  legislature  thereof;  but  the  Congress 
may  at  any  time,  by  law,  make  or  alter 
such  regulations,  except  as  to  the  places 
of  choosing  Senators. 

The  Congress  shall  assemble  at  least 
once  in  every  year,  and  such  meeting  shall  congress  assemble 
be  on  the  first  Monday  in  December,  un-  w 
less  they  shall  by  law  appoint  a  different 
day. 

SECTION   V. 

Each  house  shall  be  the  judge  of  the  Elections,  how 

judged. 

elections,  returns  and  qualifications  of  its 

own  members,  and  a  majority  of  each  shall  Quorum. 

constitute  a  quorum  to  do  business ;  but  a 

smaller  number  may  adjourn  from  day  to 

day,  and  may  be  authorized  to  compel 

the  attendance  of  absent  members,  in  such  Absent  members. 

manner,  and  under  such  penalties,  as  each 

house  may  provide. 

Each  house  may  determine  the  rules  of 
its  proceedings,  punish  its  members  for 


270 


CONSTITUTION 


Expulsion. 


Journals  to  be  kept 
and  published. 


Yeas  and  nays. 


Adjournments. 


disorderly  behavior,  and  with  the  con 
currence  of  two  thirds,  expel  a  member. 

Each  house  shall  keep  a  journal  of  its 
proceedings,  and  from  time  to  time  publish 
the  same,  excepting  such  parts  as  may  in 
their  judgment  require  secresy;  and  the 
yeas  and  nays  of  the  members  of  either 
house  on  any  question  shall,  at  the  desire 
of  one  fifth  of  those  present,  be  entered 
on  the  journal. 

Neither  house,  during  the  session  of 
Congress,  shall,  without  the  consent  of 
the  other,  adjourn  for  more  than  three 
days,  nor  to  any  other  place  than  that  in 
which  the  two  houses  shall  be  sitting. 


Compensation. 


Privilege. 


Members  not  ap 
pointed  to  office. 


SECTION   VI. 

The  Senators  and  Eepresentatives  shall 
receive  a  compensation  for  their  services, 
to  be  ascertained  by  law,  and  paid  out  of 
the  Treasury  of  the  United  States.  They 
shall  in  all  cases,  except  treason,  felony, 
and  breach  of  the  peace,  be  privileged 
from  arrest  during  their  attendance  at  the 
session  of  their  respective  houses,  and  in 
going  to  and  returning  from  the  same; 
and  for  any  speech  or  debate  in  either 
house,  they  shall  not  be  questioned  in  any 
other  place. 

No  Senator  or  Eepresentative  shall, 
during  the  time  for  which  he  was  elected, 
be  appointed  to  any  civil  office  under  the 


OF  THE   UNITED  STATES.  271 

authority  of  the  United  States  which  shall 
have  been  created,  or  the  emoluments 
whereof  shall  have  been  increased,  during  officers  of  govern- 

,  ,  i     -I  T  ment  can  n°t  be 

such  time;   and  no  person  holding  any  members, 
office  under  the  United  States,  shall  be  a 
member  of  either  house  during  his  con 
tinuance  in  office. 


SECTION    VII. 

All  bills  for  raising  revenue  shall  origi-  Revenue  MUB. 
nate  in  the  House  of  Eepresentatives ;  but 
the  Senate  may  propose  or  concur  with 
amendments  as  on  other  bills. 

Every  bill  which  shall  have  passed  the  BIIIS  to  be  pre~ 
House  of  Eepresentatives  and  the  Senate,  President, 
shall,  before  it  become  a  law,  be  presented 
to  the  President  of  the  United  States ;  if  ms  powers  over 
he  approve  he  shall  sign  it ;  but  if  not,  he 
shall  return  it;  with  his  objections,  to  that 
house  in  which  it  shall  have  originated, 
who  shall  enter  the  objections  at  large  on 
their  journal,  and  proceed  to  reconsider  it.  Proceedings  on 
If  after  such  reconsideration  two-thirds  of 
that  house  shall  agree  to  pass  the  bill,  it 
shall  be  sent,  together  with  the  objections, 
to  the  other  house,  by  which  it  shall  like 
wise  be  reconsidered,  and  if  approved  by 
two-thirds  of  that  house,  it  shall  become  a 
law.    But  in  all  such  cases  the  votes  of  both 
houses  shall  be  determined  by  yeas  and 
nays,  and  the  names  of  the  persons  voting 
for  and  against  the  bill  shall  be  entered  on 


272  CONSTITUTION 

Bills  to  i>e  laws  if  the  iournal  of  each  house  respectively. 

not  returned  in  ten  T  ,     ,,  ,  -,-,-, 

If  any  bill  snail  not  be  returned  by  the 


President  within  ten  days  (Sundays  ex- 
cepted)  after  it  shall  have  been  presented 
to  him,  the  same  shall  be  a  law,  in  like 
manner  as  if  he  had  signed  it,  unless  the 
Congress  by  their  adjournment  prevent  its 
return,  in  which  case  it  shall  not  be  a 
law. 
joint  orders  or  res-  Every  order,  resolution,  or  vote,  to 

olutions  to  be  to-      ...    .1  _    :       ~  n 

proved  by  the  which  the  concurrence  of  the  Senate  and 
House  of  Kepresentatives  may  be  neces 
sary,  (except  on  a  question  of  adjourn 
ment,)  shall  be  presented  to  the  President 
of  the  United  States  ;  and  before  the  same 
shall  take  effect,  shall  be  approved  by 
him,  or,  being  disapproved  by  him,  shall 
be  repassed  by  two-thirds  of  the  Senate 
and  House  of  Kepresentatives,  according 
to  the  rules  and  limitations  prescribed  in 
the  case  of  a  bill. 

SECTION   VIII. 

Powers  of  congress     The  Congress  shall  have  power  to  lay 
*"   8~pay  and  collect  taxes,  duties,  imposts  and  ex 


cises,  to  pay  the  debts  and  provide  for  the 
General  welfare,    common  defense  and  general  welfare  of 

the  United  States  ;  but  all  duties,  imposts 
Duties  uniform,     and  excises,  shall  be  uniform  throughout 

the  United  States  ; 
Borrow  money.         To  borrow  money  on  the  credit  of  the 

United  States  ; 


OF  THE   UNITED  STATES.  273 

To  regulate  commerce  with  foreign  na-  commerce, 
tions,  and  among  the  several  States,  and 
with  the  Indian  tribes ; 

To  establish  a  uniform  rule  of  natural-  Naturalization, 
ization,  and  uniform  laws  on  the  subject 
of  bankruptcies  throughout  the  United  Bankruptcy. 
States ; 

To  coin  money,    regulate    the    value  coin  money, 
thereof,  and  of  foreign  coin,  and  fix  the 
standard  of  weights  and  measures ;  meeafurlsand 

To  provide  for  the  punishment  of  coun-  counterfeiting, 
terfeiting  the  securities  and  current  coin 
of  the  United  States ; 

To    establish    post    offices    and    post  Post  roads, 
roads ; 

To  promote  the  progress  of  science  and  ^™°ete  arta  and 
useful  arts,  by  securing,  for  limited  times, 
to  authors  and  inventors  the  exclusive 
right  to  their  respective  writings  and  dis 
coveries  ; 

To  constitute  tribunals  inferior  to  the  inferior  courta 
Supreme  Court ; 

To  define  and  punish  piracies  and  felo-  Piracies,  &o. 
nies  committed  on  the  high  seas,  and  of 
fenses  against  the  law  of  nations ; 

To  declare  war,  grant  letters  of  marque  Declare  war  and 

'  °  f        make  captures. 

and  reprisal,  and  make  rules  concerning 
captures  on  land  and  water ; 

To  raise  and  support  armies;  but  no  Eaise armies, 
appropriation  of  money  to  that  use  shall 
be  for  a  longer  term  than  two  years ; 

To  provide  and  maintain  a  navy ;  Navy. 

12* 


274  CONSTITUTION 

Euies  and  articles  To  make  rules  for  the  government  and 
regulation  of  the  land  and  naval  forces ; 

Call  out  militia.  To  provide  for  calling  forth  the  militia 
to  execute  the  laws  of  the  Union,  suppress 
insurrections,  and  repel  invasions ; 

organize  and  gov-      To  provide  for  organizing,  arming  and 

ern  militia.  ,..,..          jn  .,..  -,    n 

disciplining  the  militia,  and  lor  governing 
such  part  of  them  as  may  be  employed  in 
the  service  of  the  United  States,  reserving 
to  the  States,  respectively,  the  appointment 
of  the  officers,  and  the  authority  of  train- 
officers  of  miutia.  ing  the  militia  according  to  the  discipline 

prescribed  by  Congress ; 
Exclusive  legisia-      To  exercise  exclusive  legislation  in  all 

tion  over  seat  of  1  IT/ 

government  cases  whatsoever,  over  such  district  (not 
exceeding  ten  miles  square)  as  may  by 
cession  of  particular  States,  and  the  ac 
ceptance  of  Congress,  become  the  seat  of 
the  government  of  the  United  States,  and 
to  exercise  like  authority  over  all  places 
purchased  by  the  consent  of  the  legisla 
ture  of  the  State  in  which  the  same  shall 

And  over  forts,  ar- be,  for  the  erection  of  forts,  magazines, 
mis,  docks,  &c.  arsenalg)  dock-yards,  and  other  needful 
buildings;  and 

To  make  all  laws  which  shall  be  neces- 

TO  make  general  sary  and  proper  for  carrying  into  execution 

laws  to  carry  pow-     ,     J  r .  -.-,-,•, 

era  into  effect,  the  foregoing  powers,  and  all  other  powers 
vested  by  this  Constitution  in  the  Govern 
ment  of  the  United  States,  or  in  any  de 
partment  or  officer  thereof. 


OF  THE   UNITED   STATES.  275 


SECTION   IX. 

The  migration  or  importation  of  such  importation  of 

«  , .       „  r  .     .         slaves  allowed 

persons  as  any  of  the  States  now  existing  tui  isos. 
shall  think  proper  to  admit,  shall  not  be 
prohibited  by  the  Congress  prior  to  the 
year  one  thousand  eight  hundred  and 
eight ;  but  a  tax  or  duty  may  be  imposed 
on  such  importation,  not  exceeding  ten 
dollars  for  each  person. 

The  privilege  of  the  writ  of  habeas  cor-  Habeas  corpus, 
pus  shall  not  be  suspended,  unless  when 
in  cases  of  rebellion  or  invasion  the  public 
safety  may  require  it. 

No  bill  of  attainder  or  ex  post  facto  law  Attainder  and  ex 

-  n  post  facto  laws. 

shall  be  passed. 

No  capitation  or  other  direct  tax  shall  Direct  taxes, 
be  laid  unless  in  proportion  to  the  census 
or  enumeration  herein  before  directed  to 
be  taken. 

No  tax  or  duty  shall  be  laid  on  articles  NO  exportation 
exported  from  any  State. 

No  preference  shall  be  given  by  any  commerce 

-,    : ~.  n  ,      ,,       between  the 

regulation  of  commerce  or  revenue  to  the  states. 
ports  of  one  State  over  those  of  another ; 
nor  shall  vessels  bound  to  or  from  one 
State,  be  obliged  to  enter,  clear,  or  pay 
duties  in  another. 

No  money  shall  be  drawn  from  the  Money,  how 

,      ' ,   .  „  .     drawn  from  the 

treasury,  but  in  consequence  of  appropn-  treasury, 
ations  made  by  law ;  and  a  regular  state 
ment  and  account  of  the  receipts  and  ex- 


276  CONSTITUTION 

TO  be  published,  penditures  of  all  public  money  shall  be 
published  from  time  to  time. 

NO  nobility.  No  title  of  nobilit  j  shall  be  granted  by 

the  United  States :  and  no  person  holding 
any  office  of  profit  or  trust  under  them, 

Foreign  presents   shall,  without  the  consent  of  the  Congress. 

and  titles.    .  «  i  /» 

accept  of  any  present,  emolument,  office 
or  title,  of  any  kind  whatever,  from  any 
king,  prince,  or  foreign  state. 

SECTION   X. 

Powers  denied  to  No  State  shall  enter  into  any  treaty, 
alliance,  or  confederation ;  grant  letters  of 
marque  and  reprisal;  coin  money;  emit 
bills  of  credit ;  make  any  thing  but  gold 
and  silver  coin  a  tender  in  payment  of 
debts ;  pass  any  bill  of  attainder,  ex  post 
facto  law,  or  law  impairing  the  obligation 
of  contracts,  or  grant  any  title  of  nobility. 

other  powers  de-       No  State  shall,  without  the  consent  of 

nied  to  States.  _,  .  T      . 

the  Congress,  lay  any  imposts  or  duties  on 
imports  or  exports,  except  what  may  be 
absolutely  necessary  for  executing  its  in 
spection  laws ;  and  the  net  produce  of  all 
duties  and  imposts,  laid  by  any  State  on 
imports  or  exports,  shall  be  for  the  use  of 
the  Treasury  of  the  United  States;  and 
all  such  laws  shall  be  subject  to  the  re 
vision  and  control  of  the  Congress. 
Further  denial  of  No  State  shall,  without  the  consent  of 

powers  to  States.     ^  n  -.     .          „   .  , 

Congress,  lay  any  duty  of  tonnage,  keep 
troops  or  ships  of  war  in  time  of  peace, 


OF  THE  UNITED  STATES.  277 

enter  into  any  agreement  or  compact  with 
another  State,  or  with  a  foreign  power,  or 
engage  in  war,  unless  actually  invaded, 
or  in  such  imminent  danger  as  will  not 
admit  of  delay. 

ARTICLE  II. 

SECTION    I. 

The  Executive  power  shall  be  vested  President  of  the 
in  a  President  of  the  United  States  of 
America.  He  shall  hold  his  office  during 
the  term  of  four  years,  and  together  with 
the  Yice  President,  chosen  for  the  same 
term,  be  elected  as  follows  : 

Each  State  shall  appoint,  in  such  man-  Electors,  how 
ner  as  the  legislature  thereof  may  direct,  al 
a  number  of  electors,  equal  to  the  whole 
number  of  Senators  and  Eepresentatives 
to  which  the  State  may  be  entitled  in  the 
Congress ;  but  no  Senator  or  Eepresenta- 
tive,  or  person  holding  an  office  of  trust 
or  profit  under  the  United  States,  shall  be 
appointed  an  elector. 

The  electors  shall  meet  in  their  respect-  Electors  to  meet 

0,  T  Tin./?  and  to  elect  a  Pre- 

ive  States,  and  vote  by  ballot  for  two  per-  eident  and  vice 

»      i  ,    i  i     n  -,       President. 

sons,  oi  whom  one  at  least  shall  not  be 
an  inhabitant  of  the  same  State  with  them 
selves.  And  they  shall  make  a  list  of  all 
the  persons  voted  for,  and  of  the  number 
of  votes  for  each ;  which  list  they  shall 
sign  and  certify,  and  transmit  sealed  to 
the  seat  of  the  government  of  the  United 


278 


CONSTITUTION 


States,   directed  to  the  President  of  the 
Their  votes  count-  Senate.    The  President  of  the  Senate  shall. 

ed  in  Congress.        . 

in  the  presence  of  the  Senate  and  House 
of  Eepresentatives,  open  all  the  certificates, 
and  the  votes  shall  then  be  counted.  The 
person  having  the  greatest  number  of  votes 
shall  be  the  President,  if  such  number  be 
a  majority  of  the  whole  number  of  elect 
ors  appointed ;  and  if  there  be  more  than 
one  who  have  such  majority,  and  have  an 
Eepresentatives  to  equal  number  of  votes,  then  the  House  of 

choose,  if  electors  . 

feu.  Representatives  shall  immediately  choose, 

by  ballot,  one  of  them  for  President ;  and 
if  no  person  have  a  majority,  then  from 
the  five  highest  on  the  list  the  said  House 
shall  in  like  manner  choose  the  President. 

Votes  by  states.  But  in  choosing  the  President,  the  votes 
shall  be  taken  by  States,  the  representa 
tion  from  each  State  having  one  vote ;  a 
quorum  for  this  purpose  shall  consist  of  a 
member  or  members  from  two-thirds  of 
the  States,  and  a  majority  of  all  the  States 

vice  President  shall  be  necessary  to  a  choice.  In  every 
case,  after  the  choice  of  a  President,  the 
person  having  the  greatest  number  of 
votes  of  the  electors  shall  be  the  Yice 
President.  But  if  there  should  remain 
two  or  more  who  have  equal  votes,  the 
Senate  shall  choose  from  them  by  ballot 
the  Yice  President.* 

*  This  clause  of  the  Constitution  has  been  amended. 
See  twelfth  article  of  the  amendments,  page  296. 


OF  THE   UlsTITED  STATES.  279 

The  Congress  may  determine  the  time  Election  and  meet- 
of  choosing  the  electors,  and  the  day  on 
which  they  shall  give  their  votes ;  which 
day  shall  be  the   same  throughout  the 
United  States. 

No  person  except  a  natural-born  citizen,  Qualification  of 

*.  '  President. 

or  a  citizen  of  the  United  States  at  the 
time  of  the  adoption  of  this  Constitution, 
shall  be  eligible  to  the  office  of  President ; 
neither  shall  any  person  be  eligible  to 
that  office  who  shall  not  have  attained  to 
the  age  of  thirty-five  years,  and  been 
fourteen  years  a  resident  within  the  United 
States. 

In  case  of  the  removal  of  the  President  Kemovai,  death, 

,,  ™  ni  •      T      ,1  •          L-  &c.,  of  President. 

from  office,  or  of  his  death,  resignation,  or 
inability  to  discharge  the  powers  and  du 
ties  of  the  said  office,  the  same  shall  de 
volve  on  the  Vice  President,  and  the  Con 
gress  may  by  law  provide  for  the  case  of 
removal,  death,  resignation,  or  inability, 
both  of  the  President  and  Yice  President, 
declaring  what  officer  shall  act  as  Presi 
dent,  and  such  officer  shall  act  accordingly, 
until  the  disability  be  removed  or  a  Presi 
dent  shall  be  elected. 

The  President  shall,  at  stated  times,  compensation  of 

.      •  President. 

receive  for  his  services  a  compensation 
which  shall  neither  be  increased  nor 
diminished  during  the  period  for  which 
he  shall  have  been  elected,  and  he  shall 
not  receive  within  that  period  any  other 


280  CONSTITUTION 

emolument  from  the  United  States,  or  any 
of  them. 

Before  he  enter  on  the  execution  of  his 
office,  he  shall  take  the  following  oath  or 
affirmation : 

oath.  "  I  do  solemnly  swear  (or  affirm)  that  I 

will  faithfully  execute  the  office  of  Presi 
dent  of  the  United  States;  and  will,  to 
the  best  of  my  ability,  preserve,  protect, 
and  defend  the  Constitution  of  the  United 
States." 

SECTION    II. 

Powers  and  duties  The  President  shall  be  commander-in- 
chief  of  the  army  and  navy  of  the  United 
States,  and  of  the  militia  of  the  several 
States  when  called  into  the  actual  service 
of  the  United  States  ;  he  may  require  the 
opinion,  in  writing,  of  the  principal  officer 
in  each  of  the  executive  departments,  upon 
any  subject  relating  to  the  duties  of  their 
respective  offices ;  and  he  shall  have  power 
to  grant  reprieves  and  pardons  for  offenses 
against  the  United  States,  except  in  cases 
of  impeachment. 

He  shall  have  power,  by  and  with  the 
advice  and  consent  of  the  Senate,  to  make 
treaties,  provided  two -thirds  of  the  Sena 
tors  present  concur ;  and  he  shall  nomi 
nate,  and,  by  and  with  the  advice  and 

Appointment  of    consent  of  the  Senate,  shall  appoint  am- 

publio  officers.        .  n  ., 

bassadors,  other  public  ministers  and  con- 


OF  THE   UNITED  STATES.  281 

suls,  judges  of  the  Supreme  Court,  and  all 
other  officers  of  the  United  States  whose 
appointments  are  not  herein  otherwise 
provided  for,  and  which  shall  be  estab 
lished  by  law ;  but  the  Congress  may  by 
law  vest  the  appointment  of  such  inferior 
officers  as  they  think  proper,  in  the  Presi 
dent  alone,  in  the  courts  of  law,  or  in  the 
heads  of  departments. 

The  President  shall  have  power  to  fill  vacancies  in 

,,  ,.  ,  -,       - 

up  all  vacancies  that  may  happen  during 
the  recess  of  the  Senate,  by  granting 
commissions  which  shall  expire  at  the 
end  of  their  next  session. 

SECTION  m. 

He  shall  from  time  to  time  give  to  the  Further  powers 
Congress  information  of  the  state  of  the  President?0 
Union,  and  recommend  to  their  considera 
tion  such  measures  as  he  shall  judge 
necessary  and  expedient;  he  may,  on 
extraordinary  occasions,  convene  both 
houses,  or  either  of  them,  and  in  case  of 
disagreement  between  them  with  respect 
to  the  time  of  adjournment,  he  may  ad 
journ  them  to  such  time  as  he  shall  think 
proper ;  he  shall  receive  ambassadors  and 
other  public  ministers ;  he  shall  take  care 
that  the  laws  be  faithfully  executed,  and 
shall  commission  all  the  officers  of  the 
United  States. 


282  CONSTITUTION 

SECTION   IV. 

impeachment  The  President,  Vice  President,  and  all 
civil  officers  of  the  United  States,  shall  be 
removed  from  office  on  impeachment  for 
and  conviction  of  treason,  bribery,  or  other 
high  crimes  and  misdemeanors. 

ARTICLE   III. 

SECTION    I. 

Judiciary  and  ten-  The  judicial  power  of  the  United  States 
shall  be  vested  in  one  Supreme  Court,  and 
in  such  inferior  courts  as  the  Congress  may 
from  time  to  time  ordain  and  establish. 
The  judges,  both  of  the  supreme  and 
inferior  courts,  shall  hold  their  offices 
during  good  behavior,  and  shall,  at  stated 
times,  receive  for  their  services  a  compen 
sation,  which  shall  not  be  diminished 
during  their  continuance  in  office. 

SECTION    II. 

Powers  of  the          The  judicial  power  shall  extend  to  all 

judiciary.  .  J ,  , ^         . 

cases,  in  law  and  equity,  arising  under  this 
Constitution,  the  laws  of  the  United  States, 
and  treaties  made,  or  which  shall  be  made, 
under  their  authority  ;  to  all  cases  affect 
ing  ambassadors,  other  public  ministers 
and  consuls ;  to  all  cases  of  admiralty  and 
maritime  jurisdiction;  to  controversies  to 
which  the  United  States  shall  be  a  party ;  to 
controversies  between  two  or  more  States ; 
between  a  State  and  citizens  of  another 


OF  THE  UNITED  STATES.  ^  283 

State ;  between  citizens  of  different  States; 
between  citizens  of  the  same  State  claiming 
lands  under  grants  of  different  States ;  and 
between  a  State,  or  the  citizens  thereof, 
and  foreign  States,  citizens,  or  subjects. 

In  all  cases  affecting  ambassadors,  other  Jurisdiction  of  the 

,,.          ••.  -I  T  -i   ,1  •       Supreme  Court 

public  ministers,  and  consuls,  and  those  in 
which  a  State  shall  be  a  party,  the  Supreme 
Court  shall  have  original  jurisdiction.  In 
all  the  other  cases  before  mentioned,  the 
Supreme  Court  shall  have  appellate  juris 
diction,  both  as  to  law  and  fact,  with  such 
exceptions  and  under  such  regulations  as 
the  Congress  shall  make. 

The  trial  of  all  crimes,  except  in  cases  Trials  by  jury, 
of  impeachment,  shall  be  by  jury ;  and 
such  trial  shall  be  held  in  the  State  where  And  where  held, 
the  said  crimes  shall  have  been  commit 
ted  ;  but  when  not  committed  within  any 
State,  the  trial  shall  be  at  such  place  or 
places  as  the  Congress  may  by  law  have 
directed. 

SECTION    III. 

Treason  against  the  United  States  shall  Treason, 
consist  only  in  levying  war  against  them, 
or  in  adhering  to  their  enemies,  giving 
them  aid  and  comfort.  IsTo  person  shall 
be  convicted  of  treason  unless  on  the  tes 
timony  of  two  witnesses  to  the  same  overt 
act,  or  on  confession  in  open  court. 

The  Congress  shall  have  power  to  de 
clare  the  punishment  of  treason ;  but  no 


284  CONSTITUTION 

NO  corruption  of  attainder  of  treason  shall  work  corruption 
of  blood  or  forfeiture,  except  during  the 
life  of  the  person  attainted. 


ARTICLE  IV. 

SECTION   I. 

Acts  of  states          Full  faith  and  credit  shall  be  given  in 

accredited.  ,     ~  ,  ° 

each  State  to  the  public  acts,  records,  and 
judicial  proceeding  of  every  other  State. 
And  the  Congress  may,  by  general  laws, 
prescribe  the  manner  in  which  such  acts, 
records,  and  proceedings  shall  be  proved, 
and  the  effect  thereof. 

SECTION   II. 

Privileges  of  dti-      The  citizens  of  each  State  shall  be  en- 

zcnsbip. 

titled  to  all  privileges  and  immunities  of 
citizens  in  the  several  States. 
Fugitives  from         A  person  charged  in  any  State  with 

justice  to  be  de-  *  J 

Iivered  up.  treason,  felony,  or  other  crime,  who  shall 
flee  from  justice,  and  be  found  in  another 
State,  shall,  on  demand  of  the  Executive 
authority  of  the  State  from  which  he 
fled,  be  delivered  up,  to  be  removed  to 
the  State  having  jurisdiction  of  the 
crime. 

Fugitive  slaves  to      No  person  held  to  service  or  labor  in 

be  delivered  up.  r 

one  State,  under  the  laws  thereof,  escaping 
into  another,  shall,  in  consequence  of  any 
law  or  regulation  therein,  be  discharged 
from  'such  service  or  labor,  but  shall  be 


OF  THE   UNITED  STATES.  285 

delivered  up  on  claim  of  the  party  to 
whom  such  service  or  labor  may  be  due. 


SECTION  m. 

New  States  may  be  admitted  by  the  New  states. 
Congress  into  this  Union;  but  no  new 
State  shall  be  formed  or  erected  within 
the  j  urisdiction  of  any  other  State ;  nor  any 
State  be  formed  by  the  junction  of  two  or 
more  States,  or  parts  of  States,  without 
the  consent  of  the  legislatures  of  the 
States  concerned,  as  well  as  of  the  Con 
gress. 

The  Congress  shall  have  power  to  dis-  Territory  and 

nn  -i  -,-1  -•;»-•-,  n    other  property  of 

pose  of  and  make  all  needful  rules  and  tho  united  states. 

regulations    respecting    the   territory  or 

other  property  belonging  to  the  United 

States;  and  nothing  in  this  Constitution 

shall  be  so  construed  as  to  prejudice  any 

claims  of  the  United  States,  or  of  any 

particular  State. 

• 

SECTION    IV. 

The  United  States   shall  guaranty  to  Republican  form 

o,  -r-r    .  ,  , .  of  government. 

every  State  in  this  Union  a  republican 
form  of  government,  and  shall  protect  Protection  of 
each  of  them  against  invasion,  and,  on 
application  of  the  legislature,  or  of  the 
Executive  (when  the  legislature  can  not  be 
convened),  against  domestic  violence. 


286 


CONSTITUTION 


Amendments  of 
this  Constitution. 


ARTICLE   V. 


The  Congress,  whenever  two-thirds  of 
both  houses  shall  deem  it  necessary,  shall 
propose  amendments  to  this  Constitution, 
or,  on  the  application  of  the  legislatures 
of  two-thirds  of  the  several  States,  shall 
call  a  convention  for  proposing  amend 
ments,  which,  in  either  case,  shall  be  valid 
to  all  intents  and  purposes,  as  part  of  this 
Constitution,  when  ratified  by  the  legis 
latures  of  three-fourths  of  the  several 
States,  or  by  conventions  in  three-fourths 
thereof,  as  the  one  or  the  other  mode  of 
ratification  may  be  proposed  by  the  Con 
gress  ;  provided  that  no  amendment  which 
may  be  made  prior  to  the  year  one  thou 
sand  eight  hundred  and  eight,  shall  in  any 
manner  affect  the  first  and  fourth  clauses 
in  the  ninth  section  of  the  first  article; 
and  that  no  State,  without  its  consent, 
shall  be  deprived  of  its  equal  suffrage 
in  the  Senate. 


Debts  of  former 
government  rec 
ognized. 


ARTICLE   VI. 

All  debts  contracted  and  engagements 
entered  into  before  the  adoption  of  this 
Constitution,  shall  be  as  valid  against  the 
United  States  under  this  Constitution,  as 
under  the  confederation. 


r,-  OF  THE   UNITED  STATES.  287 

This  Constitution,  and  the  laws  of  the  what  constitutes 

_          ..   ~  -I'-i-i  n  *ke  8uPreme  law. 

United  States  which  shall  be  made  in  pur 
suance  thereof,  and  all  treaties  made,  or 
which  shall  be  made,  under  the  authority 
of  the  United  States,  shall  be  the  supreme 
law  of  the  land ;  and  the  judges  in  every 
State  shall  be  bound  thereby,  any  thing 
in  the  Constitution  or  laws  of  any  State 
to  the  contrary  notwithstanding. 

The  Senators  and  Eepresentatives  before  oath  of  public 

officers. 

mentioned,  and  the  members  of  the  sev 
eral  State  legislatures,  and  all  executive 
and  judicial  officers,  both  of  the  United 
States  and  of  the  several  States,  shall  be 
bound  by  oath  or  affirmation  to  support 
this  Constitution;  but  no  religious  test  NO  religious  test 
shall  ever  be  required  as  a  qualification 
to  any  office  or  public  trust  under  the 
United  States. 

ARTICLE   VII. 

The  ratification  of  the  conventions  of 
nine  States,  shall  be  sufficient  for  the 
establishment  of  this  Constitution  between 
the  States  so  ratifying  the  same. 

Done  in  convention,  by  the  unanimous 
consent  of  the  States  present,  the  sev 
enteenth  day  of  September,  in  the  year 
of  our  Lord  one  thousand  seven  hun 
dred  and  eighty -seven,  and  of  the  In- 


288         CONSTITUTION  OF  THE  UNITED  STATES. 

dependence  of  the  United  States  of 
America  the  twelfth.  In  witness  where 
of,  we  have  hereunto  subscribed  our 
names. 

GEO:  WASHINGTON, 

President,  and  Deputy  from  Virginia. 

NEW  HAMPSHIRE.  DELAWARE. 

John  Langdon,  G-eorge  Eead, 

Nicholas  Oilman.  Gunning  Bedford,  jun., 

MASSACHUSETTS.  John  Dickinson, 

Nathaniel  Gorham,  Richard  Bassett, 

Rufus  King.  Jacob  Broom. 

CONNECTICUT.  MARYLAND. 

William  Samuel  Johnson,  James  McHenry, 

Eoger  Sherman.  Dan  of  St.  Thomas  Jenifer, 

NEW  YORK.  Daniel  Carroll. 
Alexander  Hamilton.  VIRGINIA. 

NEW  JERSEY.  John  Blair, 

William  Livingston,  James  Madison,  jun. 
David  Brearley,  NORTH  CAROLINA. 

William  Paterson,  William  Blount, 

Jonathan  Dayton.  Rich'd  Dobbs  Spaight, 

PENNSYLVANIA.  Hu.  Williamson. 
B.  Franklin,  SOUTH  CAROLINA. 

Thomas  Mifflin,  J.  Rutledge, 

Robert  Morris,  Charles  Cotesworth  Pinckney, 

George  Clymer,  Charles  Pinckney, 

Thomas  Fitzsimons,  Pierce  Butler. 
Jared  Ingersoll,  GEORGIA. 

James  Wilson,  William  Few, 

Gouv.  Morris.  Abr.  Baldwin. 

Attest :        WILLIAM  JACKSON,  Secretory. 


PROCEEDINGS 


OF  THE 


CONVENTION  WHICH  FORMED  THE  CONSTITUTION 


IN  CONVENTION. 

MONDAY,  September  17,  1787. 

Resolved,  That  the  preceding  Constitution  be  laid 
before  the  United  States  in  Congress  assembled ;  and 
that  it  is  the  opinion  of  this  Convention  that  it  should 
afterward  be  submitted  to  a  convention  of  delegates, 
chosen  in  each  State  by  the  people  thereof,  under  the 
recommendation  of  its  legislature,  for  their  assent  and 
ratification ;  and  that  each  convention  assenting  to  and 
ratifying  the  same  should  give  notice  thereof  to  the 
United  States  in  Congress  assembled. 

Resolved,  That  it  is  the  opinion  of  this  Convention 
that,  as  soon  as  the  conventions  of  nine  States  shall 
have  ratified  this  Constitution,  the  United  States  in 
Congress  assembled  should  fix  a  day  on  which  electors 
should  be  appointed  by  the  States  which  shall  have 
ratified  the  same,  and  a  day  on  which  electors  should 
assemble  to  vote  for  the  President,  and  the  time  and 
place  for  commencing  proceedings  under  this  Consti 
tution  ;  that  after  such  publication,  the  electors  should 

13 


290  PROCEEDINGS  OF  THE  CONVENTION 

be  appointed,  and  the  Senators  and  Representatives 
elected ;  that  the  electors  should  meet  on  the  day  fixed 
for  the  election  of  the  President,  and  should  transmit 
their  votes,  certified,  signed,  sealed,  and  directed,  as 
the  Constitution  requires,  to  the  Secretary  of  the 
United  States  in  Congress  assembled ;  that  the  Senators 
and  Representatives  should  convene  at  the  time  and 
place  assigned ;  that  the  Senators  should  appoint  a 
President  of  the  Senate,  for  the  sole  purpose  of  re 
ceiving,  opening,  and  counting  the  votes  for  President ; 
and  that,  after  he  shall  be  chosen,  the  Congress,  together 
with  the  President,  should,  without  delay,  proceed  to 
execute  this  Constitution. 

By  the  unanimous  order  of  the  Convention : 

GEO:  WASHINGTON,  President. 

WILLIAM  JACKSON,  Secretary. 


LETTER  OF  THE  CONVENTION  TO  THE  OLD  CONGRESS. 


IN  CONVENTION. 

SEPTEMBER  17,  1787. 

SIR:  We  have  now  the  honor  to  submit  to  the 
consideration  of  the  United  States  in  Congress  assem 
bled,  that  Constitution  which  has  appeared  to  us  the 
most  advisable. 

The  friends  of  our  country  have  long  seen  and  de 
sired  that  the  power  of  making  war,  peace,  and  treaties ; 
that  of  levying  money,  and  regulating  commerce,  and 


WHICH  FOKMED  THE   CONSTITUTION".  291 

the  correspondent  executive  and  judicial  authorities, 
should  be  fully  and  effectually  vested  in  the  General 
Government  of  the  Union:  but  the  impropriety  of 
delegating  such  extensive  trust  to  one  body  of  men  is 
evident;  hence  results  the  necessity  of  a  different 
organization. 

It  is  obviously  impracticable  in  the  federal  govern 
ment  of  these  States  to  secure  all  rights  of  independ 
ent  sovereignty  to  each,  and  yet  provide  for  the  interest 
and  safety  of  all.  Individuals  entering  into  society 
must  give  up  a  share  of  liberty  to  preserve  the  rest. 
The  magnitude  of  the  sacrifice  must  depend  as  well 
on  situation  and  circumstance  as  on  the  object  to  be 
obtained.  It  is  at  all  times  difficult  to  draw  with  pre 
cision  the  line  between  those  rights  which  must  be 
surrendered  and  those  which  may  be  reserved ;  and,  on 
the  present  occasion,  this  difficulty  was  increased  by  a 
difference  among  the  several  States  as  to  their  situa 
tion,  extent,  habits,  and  particular  interests. 

In  all  our  deliberations  on  this  subject,  we  kept 
steadily  in  our  view  that  which  appears  to  us  the 
greatest  interest  of  every  true  American — the  consoli 
dation  of  our  Union — in  which  is  involved  our  pros 
perity,  felicity,  safety,  perhaps  our  national  existence. 
This  important  consideration,  seriously  and  deeply 
impressed  on  our  minds,  led  each  State  in  the  Conven 
tion  to  be  less  rigid  on  points  of  inferior  magnitude 
than  might  have  been  otherwise  expected ;  and  thus 
the  Constitution  which  we  now  present  is  the  result 
of  a  spirit  of  amity,  and  of  that  mutual  deference  and 
concession  which  the  peculiarity  of  our  political  situa 
tion  rendered  indispensable, 


292  PROCEEDINGS  OF  THE   CONVENTION 

That  it  will  meet  the  full  and  entire  approbation  of 
every  State,  is  not,  perhaps,  to  be  expected ;  but  each 
will  doubtless  consider  that,  had  her  interest  been 
alone  consulted,  the  consequences  might  have  been 
particularly  disagreeable  or  injurious  to  others.  That 
it  is  liable  to  as  few  exceptions  as  could  reasonably 
have  been  expected,  we  hope  and  believe.  That  it 
may  promote  the  lasting  welfare  of  that  country  so 
dear  to  us  all,  and  secure  her  freedom  and  happiness, 
is  our  most  ardent  wish. 

"With  great  respect,  we  have  the  honor  to  be, 
Sir,  your  Excellency's  most  obedient,  humble  serv 
ants. 

By  unanimous  order  of  the  Convention : 

GEO:  WASHINGTON,  President. 

His  Excellency  the  PRESIDENT  OF  CONGRESS. 


PROCEEDINGS  IN  THE  OLD  CONGRESS. 


UNITED    STATES   IN   CONGRESS   ASSEMBLED. 

FRIDAY,  September  28,  1787 

Present. — New  Hampshire,  Massachusetts,  Connecti 
cut,  New  York,  New  Jersey,  Pennsylvania,  Delaware, 
Virginia,  North  Carolina,  South  Carolina,  and  Georgia ; 
and  from  Maryland,  Mr.  Boss. 

Congress  having  received  the  report  of  the  Conven 
tion  lately  assembled  in  Philadelphia — 

Resolved,  unanimously,  That  the  said  report,  with 


WHICH  FORMED  THE  CONSTITUTION.  293 

the  resolutions  and  letter  accompanying  the  same,  be 
transmitted  to  the  several  legislatures,  in  order  to  be 
submitted  to  a  convention  of  delegates  chosen  in  each 
State  by  the  people  thereof,  in  conformity  to  the  re 
solves  in  the  Convention  made  and  provided  in  that 
case. 

CHAELES  THOMSON,  Secretary. 


AMENDMENTS. 


ARTICLE   I. 

Congress  snail  make  no  law  respecting  an  establish 
ment  of  religion,  or  prohibiting  the  free  exercise 
thereof;  or  abridging  the  freedom  of  speech,  or  of  the 
press ;  or  the  right  of  the  people  peaceably  to  assem 
ble,  and  to  petition  the  government  for  a  redress  of 
grievances. 

ARTICLE  II. 

A  well  regulated  militia  being  necessary  to  the 
security  of  a  free  State,  the  right  of  the  people  to 
keep  and  bear  arms  shall  not  be  infringed. 

ARTICLE   III. 

No  soldier  shall,  in  time  of  peace,  be  quartered  in 
any  house  without  the  consent  of  the  owner,  nor  in 
time  of  war  but  in  a  manner  to  be  prescribed  by  law. 

ARTICLE   IV. 

The  right  of  the  people  to  be  secure  in  their  per 
sons,  houses,  papers,  and  effects,  against  unreasonable 
searches  and  seizures,  shall  not  be  violated,  and  no 
warrants  shall  issue  but  upon  probable  cause,  sup- 


AMENDMENTS  TO  THE  CONSTITUTION.  295 

ported  by  oath  or  affirmation,  and  particularly  describ 
ing  the  place  to  be  searched,  and  the  persons  or  things 
to  be  seized. 

ARTICLE   V. 

No  person  shall  be  held  to  answer  for  a  capital,  or 
otherwise  infamous  crime,  unless  on  a  presentment  or 
indictment  of  a  grand  jury,  except  in  cases  arising  in 
the  land  or  naval  forces,  or  in  the  militia,  when  in 
actual  service  in  time  of  war  or  public  danger;  nor 
shall  any  j  erson  be  subject  for  the  same  offense  to  be 
twice  put  in  jeopardy  of  life  or  limb ;  nor  shall  be 
compelled  in  any  criminal  case  to  be  a  witness  against 
himself,  nor  be  deprived  of  life,  liberty,  or  property, 
without  due  process  of  law ;  nor  shall  private  property 
be  taken  for  public  use  without  just  compensation. 

ARTICLE   VI. 

In  all  criminal  prosecutions,  the  accused  shall  enjoy 
the  right  to  a  speedy  and  public  trial  by  an  impartial 
jury  of  the  State  and  district  wherein  the  crime  shall 
have  been  committed,  which  district  shall  have  been, 
previously  ascertained  by  law,  and  to  be  informed  of 
the  nature  and  cause  of  the  accusation;  to  be  con 
fronted  with  the  witnesses  against  him ;  to  have  com 
pulsory  process  for  obtaining  witnesses  in  his  favor, 
and  to  have  the  assistance  of  counsel  for  his  defense. 

ARTICLE  VII. 

In  suits  at  common  law,  where  the  value  in  contro 
versy  shall  exceed  twenty  dollars,  the  right  of  trial  by 
jury  shall  be  preserved,  and  no  fact  tried  *by  a  jury 


296  AMENDMENTS  TO  THE  CONSTITUTION. 

shall  be  otherwise  reexamined  in  any  court  of  the 
United  States,  than  according  to  the  rules  of  the  com 
mon  law. 

ARTICLE  VIII. 

Excessive  bail  shall  not  be  required,  nor  excessive 
fines  imposed,  nor  cruel  and  unusual  punishments  in 
flicted. 

ARTICLE   IX. 

The  enumeration  in  the  Constitution  of  certain 
rights,  shall  not  be  construed  to  deny  or  disparage 
others  retained  by  the  people. 

ARTICLE  X. 

The  powers  not  delegated  to  the  United  States  by 
the  Constitution,  nor  prohibited  by  it  to  the  States,  are 
reserved  to  the  States  respectively,  or  to  the  people. 

ARTICLE   XI. 

The  judicial  power  of  the  United  States  shall  not 
be  construed  to  extend  to  any  suit  in  law  or  equity, 
commenced  or  prosecuted  against  one  of  the  United 
States  by  citizens  of  another  State,  or  by  citizens  or 
subjects  of  any  foreign  State. 

ARTICLE  XII. 

The  electors  shall  meet  in  their  respective  States, 
and  vote  by  ballot  for  President  and  Yice  President, 
one  of  whom  at  least  shall  not  be  an  inhabitant  of  the 
same  State  with  themselves ;  they  shall  name  in  their 
ballots  th%  person  voted  for  as  President,  and  in  dis- 


AMENDMENTS  TO  THE   CONSTITUTION.  297 

tinct  ballots  the  person  voted  for  as  Vice  President ; 
and  they  shall  make  distinct  lists  of  all  persons  voted 
for  as  President,  and  of  all  persons  voted  for  as  Vice 
President,  and  of  the  number  of  votes  for  each ;  which 
lists  they  shall  sign  and  certify,  and  transmit  sealed  to 
the  seat  of  the  government  of  the  United  States, 
directed  to  the  President  of  the  Senate.  The  Presi 
dent  of  the  Senate  shall,  in  the  presence  of  the  Senate 
and  House  of  Kepresentatives,  open  all  the  certificates, 
and  the  votes  shall  then  be  counted ;  the  person  hav 
ing  the  greatest  number  of  votes  for  President  shall  be 
the  President,  if  such  number  be  a  majority  of  the 
whole  number  of  electors  appointed ;  and  if  no  person 
have  such  majority,  then  from  the  persons  having  the 
highest  numbers,  not  exceeding  three,  on  the  list  of 
those  voted  for  as  President,  the  House  of  Kepresenta 
tives  shall  choose  immediately  by  ballot  the  Presi 
dent.  But  in  choosing  the  President,  the  votes  shall 
be  taken  by  States,  the  representation  from  each  State 
having  one  vote ;  a  quorum  for  this  purpose  shall  con 
sist  of  a  member  or  members  from  two-thirds  of  the 
States,  and  a  majority  of  all  the  States  shall  be  neces 
sary  to  a  choice.  And  if  the  House  of  Eepresentatives 
shall  not  choose  a  President,  whenever  the  right  of 
choice  shall  devolve  upon  them,  before  the  fourth  day 
of  March  next  following,  then  the  Vice  President  shall 
act  as  President,  as  in  the  case  of  the  death,  or  other 
constitutional  disability  of  the  President. 

The  person  having  the  greatest  number  of  votes  as 
Yice  President  shall  be  the  Yice  President,  if  such 
number  be  a  majority  of  the  whole  number  of  electors 
appointed;  and  if  no  person  have  a  majority,  then 

13* 


298  AMENDMENTS  TO  THE  CONSTITUTION. 

from  the  two  highest  numbers  on  the  list  the  Senate 
shall  choose  the  Yice  President;  a  quorum  for  the 
purpose  shall  consist  of  two-thirds  of  the  whole  num 
ber  of  Senators,  and  a  majority  of  the  whole  number 
shall  be  necessary  to  a  choice.  But  no  person  consti 
tutionally  ineligible  to  the  office  of  President  shall  be 
eligible  to  that  of  Yice  President  of  the  United  States. 


INDEX 

TO 

THE  CONSTITUTION  OF  THE  UNITED  STATES. 


A. 

Art.  Sec.  Page 

Arts  and  Sciences,  to  be  promoted 1     8  273 

Acts,  records,  and  judicial  proceedings  of  each  State  en 
titled  to  faith  and  credit  in  other  States 41  284 

Amendments  to  the  Constitution,  how  made 5     1  286 

made 294 

Appointments,  to  be  made  by  the  President 2     2  280 

Apportionment  of  Eepresentatives 1     2  266 

Appropriations  by  law 1     9  275 

Appropriation  for  army  not  to  exceed  two  years 1     8  273 

Armies,  Congress  to  raise  and  support 1     8  273 

Arms,  right  of  the  people  to  keep  and  bear 294 

Assemble,  people  may 294 

Attainder,  bill  of,  prohibited  to  Congress 1     9  275 

prohibited  to  the  States 110  276 

of  treason  shall  not  work  corruption  of  blood 
or  forfeiture,  except  during  the  life  of  the 

person  attainted 3     3  284 

B. 

Bail,  excessive,  not  required 296 

Bankruptcy  laws  to  be  uniform 1     8  273 

Bills  for  raising  revenue  shall  originate  in  the  House  of 

Representatives 1     7  271 


300  INDEX  TO  THE  CONSTITUTION. 

Art.  Sec.  Page 

Sills,  before  they  become  laws,  shall  be  passed  by  both 
houses  and  approved  by  the  President ;  or,  if  dis 
approved,  shall  be  passed  by  two-thirds  of  each 

house 1     7     271 

not  returned  in  ten  days,  unless  an  adjournment  in 
tervene,  shall  be  laws 1     7     272 

Sorrow  money,  Congress  may 1     8     272 

c. 

Capitation  tax,  apportionment  of 1     9     275 

Census,  or  enumeration,  to  be  made  every  ten  years 1     2     266 

Citizens  of  each  State  shall  be  entitled  to  the  privileges 
and    immunities    of   citizens    in    the    several 

States 4     2     284 

Claims,  no  prejudice  to  certain 4     3     285 

of  the  United  States,  or  of  the  several  States,  not 
to  be  prejudiced  by  any  construction  of  the  Con 
stitution 4  3  285 

Coasting  trade,  regulation  respecting 1     9     275 

Coins,  Congress  fix  value  of  foreign 1     8     273 

Commerce,  Congress  to  regulate 1     8     273 

regulations  respecting,  to  be  equal  and  uni 
form 1     9     275 

Commissions  to  be  granted  by  the  President 2     3     281 

Common  law  recognized  and  established,  7th  amendment     .     .     295 

Congress  vested  with  power 1     1     265 

may  alter  the  regulations  of  State  legislatures 
concerning  elections  of  Senators  and  Repre 
sentatives,  except  as  to  place  of  choosing  Sen 
ators 1  4  269 

shall  assemble  once  every  year 1     4    269 

officers  of  government  can  not  be  members  of . .     1     6     271 
may  provide  for  cases  of  removal,  death,  &c., 

of  President  and  Vice  President 2     1     279 

may  determine  the  time  of  choosing  electors  of 

President  and  Vice  President 2     1     279 

may  invest  the  appointment  of  inferior  officers 
in  the  President  alone,  in  the  courts  of  law,  or 
the  heads  of  departments 2  2  281 


INDEX  TO  THE   CONSTITUTION".  301 

Art.  Sec.  Page 
Congress  may  establish  courts  inferior  to  the   Supreme 

Court 3     1     282 

may  declare  the  punishment  of  treason 3     3     283 

may  prescribe  the  manner  of  proving  the  acts 

and  records  of  each  State 4     1     286 

to  assent  to  the  formation  of  new  States 4    3     285 

may  propose  amendments  to  Constitution  or  call 

a  convention 5     1     286 

to  lay  and  collect  duties 1     8     272 

to  borrow  money 1     8     272 

to  regulate  commerce 1     8     273 

to  establish  uniform  laws  of  bankruptcy  and 

naturalization 1     8     273 

to  coin  money,  regulate  the  value  of  coin, 
and  fix  a  standard  of  weights  and  meas 
ures 1  8  273 

to  punish  counterfeiting 1     8     273 

to  constitute  tribunals  inferior  to  the  Supreme 

Court 1     8     273 

to  define  and  punish  piracies,  felonies  on  the 
high  seas,  and  offenses  against  the  laws  of 

nations 1     8     273 

to  establish  post  offices  and  post  roads 1     8     273 

to  authorize  patents  to  authors  and  inventors. . .  •  1     8     273 
to  declare  war,  grant  letters  of  marque,   and 

make  rules  concerning  captures 1     8     273 

to  raise  and  support  armies 1     8     273 

to  provide  and  maintain  a  navy 1     8     273 

to  make  rules  for  the  government  of  the  army 

and  navy 1     8     274 

to  call  out  the  militia  in  certain  cases 1     8     274 

to  organize,  arm,  and  discipline  militia 1     8     274 

to  exercise  exclusive  legislation  over  seat  of  gov 
ernment 1  8  274 

to  pass  laws  necessary  to  carry  the  enumerated 

powers  into  effect 1     8     274 

to  dispose  of  and  make  rules  concerning  the 
territory  or  other  property  of  the  United 
States ,  4  3  285 


302  INDEX  TO  THE  CONSTITUTION. 

Art  Sec.  Page 
Congress,  President  may  convene  and  adjourn,  in  certain 

cases 2  3  281 

Constitution,  how  amended 5  1  286 

laws,  and  treaties  to  be  declared  the  supreme 

law 6  1  287 

rendered  operative  by  the  ratification  of  nine 

States 7  1  287 

Contracts,  no  law  impairing 1  10  276 

Conventions  for  proposing  amendments  to  the  Constitu 
tion  5  1  286 

Counterfeiting,  Congress  to  provide  for  punishment  of 1  8  273 

Court,  Supreme,  its  original  and  appellate  jurisdiction. ...  3  2  283 
Courts  inferior  to  the  Supreme  Court  may  be  ordained  by 

Congress 1  8  273 

Ditto     ditto 3  1  282 

Crimes,  persons  accused  of,  fleeing  from  justice,  may  be 

demanded 4  2  284 

how  to  be  tried 3  2  280 

Criminal  prosecutions,  proceedings  in  cases  of. 295 

D. 

Debts  against  the  confederation  to  be  valid 6     1  286 

Duties  to  be  laid  by  Congress,  and  to  be  uniform. .- 1     8  272 

further  provision  respecting 1     9  275 

can  not  be  laid  by  the  States 1  10  276 

on  exports  prohibited 1     9  275 

on  imports  and  exports  imposed  by  States  shall 

inure  to  the  treasury  of  the  United  States 1  10  276 

E. 

Elections  of  Senators  and  Representatives  shall  be  pre 
scribed  by  the  States 1    4    269 

qualifications  and  returns  of  members  of  Con 
gress  to  be  determined  by  each  house 1     5     269 

Electors  of  President  and  Yice  President,  how  chosen,  and 

their  duties 2     1     277 

altered  (see  twelfth  amendment) 296 

to  vote  the   same   day  throughout  the  United 
States..  2     1     279 


INDEX  TO  THE  CONSTITUTION.  303 

Art.  Sec.  Page 
Electors,  no  Senator,  or  Representative,  or  public  officer, 

shall  serve  as " 2     1     277 

Enumeration  every  ten  years 1     2     266 

Executive  power  vested  in  a  President  (see  President) ....  2     1     277 

Exports  not  to  be  taxed 1     9     275 

and  imports,  States  prohibited  from  laying  du 
ties  on 1  10     276 

Ex  post  facto  law,  none  shall  be  passed 1     9     275 

prohibited  to  States 1  10     276 

F. 

Fines,  excessive,  prohibited 296 

Fugitives  from  justice  to  be  delivered  up 4    2     284 

from  service  may  be  reclaimed 4    2     284 

H. 

Habeas  corpus,  writ  of,  can  only  be  suspended  in  cases  of 

rebellion  or  invasion 1     9     275 

House  of  Representatives.     (See  Representatives.) 

I. 

Impeachment  to  be  brought  by  House  of  Representa 
tives 1     2     267 

tried  by  the  Senate •  1     3     268 

judgment  on 1     3     268 

All  civil  officers  liable  to 2     4    282 

Importation  of  slaves,  not  prohibited  till  1808 1     9     275 

J. 

Judges  shall  hold  their  offices  during  good  behavior. ...  3     1     282 

their  compensation 3     1     282 

Judiciary — tribunals  inferior  to  Supreme  Court  may  be 

created 1     8     273 

Judicial  power  vested  in  a  Supreme  Court  and  courts  in 
ferior 3     1     282 

powers  of  the  judiciary 3     2     282 

restriction  as  to  suits  against  a  State 296 

Judicial  proceedings  of  each  State  are  entitled  to  faith  and 

credit  in  every  State 4     1     284 


304  INDEX   TO  THE   CONSTITUTION. 

Art  Soc.  Page 
Jury  trial  secured,  and  shall  be  held  in  the  State  where 

the  crime  shall  have  been  committed 3     2     283 

further  regulated,  (6th  amendment) 295 

secured  in  suits  at  common  law  where  the  value 
in  controversy  shall  exceed  twenty  dollars, 
(1th  amendment) 295 

L. 

Law,  what  is  declared  the  supreme 6     1  287 

common,  recognized  and  established,  (7th  amend 
ment) 295 

Laws,  President  to  see  them  faithfully  executed 2     3  281 

Legislative  powers  vested  in  Congress.     (See  Congress.) 

Loans,  authority  to  make 1     8  272 

M. 

Marque  and  reprisal,  letters  of 1     8  273 

Militia,  to  be  called  out 1     8  274 

to  be  officered  by  the  States 1     8  274 

to  be  commanded  by  the  President 2     2  280 

their  right  to  keep  and  bear  arms  secured,  (2d 

amendment) 294 

Money  shall  be  drawn  from  the  treasury  only  by  appro 
priation  laws 1     9  275 

Congress  to  coin  and  regulate  value  of. 1     8  273 

States  can  not  make 1  10  276 

N. 

Naturalization,  uniform  rules  of. 1     8  273 

Navy,  Congress  to  provide  and  govern 1     8  273 

Nobility,  titles  of,  shall  not  be  granted   by  the  United 

States 1     9  276 

nor  by  the  States 1  10  276 

O. 

Officers  of  the  House  of  Representatives  shall  be  chosen 

by  the  House 1  2  267 

of  the  Senate  shall  be  chosen  by  the  Senate 1  3  268 

civil,  may  be  removed  by  impeachment 2  4  282 


INDEX  TO  THE  CONSTITUTION.  305 

Art.  Sec.  Page 
Order  of  one  house  requiring  the  concurrence   of  the 

other 1     7       272 

Oath  of  the  President 2     1       280 

of  the  public  officers 6     1       287 

P. 

Pardons,  President  may  grant 2     2       280 

Patents  to  be  granted  to  inventors 1     8       273 

Petition,  right  of. 294 

Persons  held  to  service  or  labor,  their  importation  or  mi 
gration  into  the  United  States  may  be  prohib 
ited  after  1808 1  9  275 

escaping  from  one  State  to  another  shall  be 

delivered  up  to  those  entitled  to  service 4    2       284 

Piracy,  Congress  to  prescribe  punishment  for 1     8       273 

Post  offices  and  post  roads,  establishment  of. 1     8       273 

Powers  not  delegated  to  Congress  nor  prohibited  to  the 

States  are  reserved,  (10th  amendment) .     .       296 

legislative.  (See  Congress.) 
executive.  (See  President.) 
judicial.  (See  Judicial.) 

Presents  from  foreign  powers  to  public  officers  prohib 
ited 1    9      276 

Press,  freedom  of. 294 

President  of  the  United  States  vested  with  the  executive 

power 2     1      27t 

shall  be  chosen  for  four 

years 2     1       277 

how  elected 2     1      277 

same,  (12th  amendment).      .     .  296-7 

qualifications  for 2     1       279 

who  shall  act  in  case  of 

vacancy 2     1       279 

compensation  of. 2     1       279 

shall    take    an    oath    of 

office 2     1       280 

may  be  removed  by  im 
peachment 2     4       282 

President,  commander  of  army,  navy,  militia 2     2       280 


306  INDEX  TO  THE   CONSTITUTION. 

Art.  Sec.  Page 
President  may  require  the  written  opinions  of  the  heads 

of  departments 2  2  280 

may  reprieve  and  pardon 2  2  280 

may  make  treaties  with  consent  of  the  Senate..  2  2  280 
may  appoint    to    office    with    consent  of  the 

Senate 2  2  280 

shall  fill  up  vacancies  happening  during  the  re 
cess  of  the  Senate 2  2  281 

shall  give  information  to  Congress  and  recom 
mend  measures 2  3  281 

may  convene  both  houses,  or  either  house 2  3  281 

may  adjourn  them  in  case  of  disagreement. ...  2  3  281 
shall    receive    ambassadors   and   public  minis 
ters 2  3  281 

shall  take  care  that  the  laws  be  faithfully  ex 
ecuted 2  3  281 

Shall  commission  all  officers 2  3  281 

Privileges  and  immunities  of  members  of  Congress 1  6  270 

of  citizens.     (See  Citizens,  also  Rights.} 

Property,  Congress  to  provide  for  care  of  public 4  3  285 

shall  not  be  taken  for  public  use  without  just 

compensation,  (5th  amendment) 295 

Punishments,  cruel  and  unusual,  prohibited 296 

Q. 

Quorum  for  business,  what  shall  be  a 1  5  269 

of  States  in  choosing  a  President  by  the  House 

of  Eepresentatives 2  1  278 

Quartered — no  soldier  to  be  quartered  on  a  citizen 294 

R. 

Receipts  and  expenditures,  accounts  of,  to  be  published. .  1  9  275 

Records,  how  to  be  authenticated 4  1  284 

Religion — no  law  to  be  made — free  exercise  of. 294 

religious  test  not  required 6  .  287 

Reprieves  granted  by  the  President 2  2  280 

Representatives,  House  of,  composed  of  members  chosen 

every  second  year 1  2  266 

qualifications  of  voters 1  2  266 


INDEX  TO  THE   CONSTITUTION.  307 

Art  Sec.  Page 

Representatives,  House  of,  qualifications  of  members 1     2     266 

apportionment  of. 1     2     266 

vacancies,  how  supplied 1     2     26*7 

shall  choose  their  officers 1     2     267 

shall  have  the  power  of  im 
peachment 1  2  267 

shall  be  the  judge  of  the  election 
and  qualifications  of  its  mem 
bers 1  6  269 

what  shall  be  a  quorum 1     5     269 

any  number  may  adjourn,  and 
compel  the  attendance  of  ab 
sentees 1  5  269 

may  determine  the  rules  of  pro 
ceeding 1  5  269 

may  punish  or  expel  a  member.     1     5     269 
shall  keep  a  journal  and  publish 

the  same 1     6     270 

shall  not  adjourn  for  more  than 
three  days,  nor  to  any  other 
place,  without  the  consent  ot 

the  Senate 1     5     270 

one-fifth  may  require  the  yeas 

andnays 1     5     270 

shall  originate  bills  for  raising 

revenue 1     7     271 

compensation  to  be  ascertained 

bylaw 1     6     270 

privileged  from  arrest,  except  in 

certain  cases 1     6     270 

Representatives  shall  not  be  questioned  for  speech  or  debate 

in  the  House 1     6     270 

shall  not  be  appointed  to  office 1     6     270 

shall    not    serve    as    electors    of    Presi 
dent 2     1     277 

and  direct  taxes  apportioned  according  to 

numbers 1     2     266 

Representation  of  a  State,  vacancies  in,  supplied  until  a  new 

election  by  executive  authority 1     2     267 


308  INDEX  TO  THE  CONSTITUTION. 

Art.  Sec.  Page 

Resolution,  order,  or  vote,  requiring  the  concurrence  of 
both  houses,  to  undergo  the  formalities  of 

bills 1     7     272 

Revenue  bills  to  originate  in  the  House  of  Represent 
atives 1     7     271 

Rights  of  the  citizen  declared  to  be — 

privileges  of  citizens  of  the  several 
States 4  2  284 

liberty  of  conscience  in  matters  of 
religion 294 

freedom  of  speech  and  of  the  press. .     .     .     294 

to  assemble  and  petition 294 

to  keep  and  bear  arms 294 

to  be  exempt  from  the  quartering  of 
soldiers 294 

to  be  secure  from  unreasonable 
searches  and  seizures 294 

to  be  free  from  answering  for  a  crime, 
unless  on  presentment  or  indict 
ment  of  a  jury 295 

not  to  be  twice  jeoparded  for  the  same 

offense 295 

not  to  be  compelled  to  be  a  witness 

against  himself 295 

not  to  be  deprived  of  life,  liberty,  or 
property,  without  due  course  of 
law 295 

private  property  not  to  be  taken  for 

public  use 295 

in  criminal  prosecutions,  shall  enjoy 
the  right  of  a  speedy  trial  by  jury, 
with  all  the  means  necessary  for 
his  defense 295 

in  civil  cases,  trial  to  be  by  a  jury, 
and  shall  only  be  reexamined  ac 
cording  to  common  law 295 

excessive  bail  shall  not  be  required, 
excessives  fines  imposed,  nor  cruel 
or  unusual  punishments  inflicted. .  .  .  296 


INDEX  TO  THE  CONSTITUTION.  309 

Art.  Sec.  Page 
Rights  of  the  citizen,  enumeration  of  certain  rights  shall 

not  operate  against  retained  rights  .  .  296 

Rules,  each  house  shall  determine  its  own 1  5  269 

s. 

Seat  of  government,  exclusive  legislation 1  8  274 

Searches  and  seizures,  security  against 294 

Senate,  composed  of  two  Senators  from  each  State 1  3  267 

how  chosen,  classed,  and  terms  of  service 1  3  267 

qualifications  of  Senators 1  3  268 

Vice  President  to  be  President  of  the 1  3  268 

shall  choose  their  officers 1  3  268 

shall  be  the  judges  of  the  elections  and  qualifica 
tions  of  its  members 1  5  269 

what  number  shall  be  a  quorum 1  5  269 

any  number  may  adjourn,  and  compel  attendance 

of  absentees 1  5  269 

may  determine  its  rules 1  5  269 

may  punish  or  expel  a  member 1  5  269 

shall  keep  a  journal,  and  publish  the  same,  except 

parts  requiring  secrecy 1  5  270 

shall  not  adjourn  for  more  than  three  days,  nor  to 
any  other  place,  without  the  consent  of  the  other 

house 1  5  270 

one-fifth  may  require  the  yeas  and  nays 1  5  270 

may  propose  amendments  to  bills  for  raising  rev 
enue 1  7  271 

shall  try  impeachments 1  3  268 

effect  of  their  judgment  on  impeachment 1  3  268 

compensation  to  be  ascertained  by  law 1  6  270 

privileged  from  arrest 1  6  270 

not  questioned  for  any  speech  or  debate 1  6  270 

shall  not  be  appointed  to  office 1  6  270 

Senator  shall  not  be  an  elector 2  1  277 

Senators    and    Representatives,    elections    of,    how    pre 
scribed 1  4  269 

Slaves,  their  importation  may  be  prohibited  after  1808...  1  9  275 
escaping  from  one  State  to  another  may  be  re 
claimed  ..                                   4  2  284 


310  INDEX  TO  THE  CONSTITUTION. 

Art.  Sec.  Page 

Soldiers  not  quartered  on  citizens 294 

Speaker,  how  chosen 1     2     267 

Speech,  freedom  of. 294 

States  prohibited  from — 

entering  into  treaty,  alliance,  or  con 
federation 1  10     276 

granting  letters  of  marque 1  10     2*76 

coining  money 1  10     276 

emitting  bills  of  credit 1  10     276 

making  any  thing  a  tender  but  gold 

and  silver  coin 1  10     276 

passing  bills  of  attainder,  ex  post  facto 

laws,  or  laws  impairing  contracts. . .     1  10     276 

granting  titles  of  nobility 110     276 

laying  duties  on  imports  and  exports. .     110     276 

laying  duties  on  tonnage 1  10     276 

keeping  troops  or  ships  of  war  in  time 

of  peace 1  10     276 

entering  into  any  agreement  or  con 
tract  with  another  State  or  foreign 

power 110     277 

engaging  in  war 1  10     277 

States,  new,  may  be  admitted  into  the  Union 4    3     285 

may  be  formed  within  the  jurisdiction  of  others, 
or  by  the  junction  of  two  or  more,  with  the 
consent  of  Congress  and  the  legislatures  con 
cerned 4  3  285 

State  judges  bound  to  consider  treaties,  the  Constitution, 

and  the  laws  under  it,  as  supreme 6     .     287 

State,  every,  guarantied  a  republican  form  of  government, 

protected  by  the  United  States 4    4    285 

Supreme  Court.     (See  Court  and  Judiciary.} 

Suits  at  common  law,  proceedings  in 295 

T. 

Tax,  direct,  according  to  representation 1  2  266 

shall  be  laid  only  in  proportion  to  censuses-. .  1  9  275 

Tax  on  exports  prohibited 1  9  275 


INDEX  TO  THE  CONSTITUTION.  311 

Art.  Sec.  Page 

Tender,  what  shall  be  a  legal. . . » 110  276 

Territory  or  public  property,  Congress  may  make  rules 

concerning 4     3  285 

Test,  religious,  shall  not  be  required 6     .  287 

Titles,     (See  Nobility.) 

Title  from  foreign  states  prohibited 1     9  276 

Treason,  defined 3     3  283 

two  witnesses,  or  confession,  necessary  for  con 
viction 3     3  283 

punishment    of,    may    be    prescribed    by    Con 
gress 3     3  283 

Treasury,     money    drawn    from,     only    by    appropria 
tion 1     9  275 

Treaties,  how  made 2     2  280 

the  supreme  law 6     .  287 

States  can  not  make 1  10  276 

V. 

Vacancies  happening  during  the  recess  may  be  filled  tem 
porarily  by  the  President 2     2     281 

in  representation  in  Congress,  how  filled 1     2     267 

Veto  of  the  President,  effect  of,  and  proceedings  on 1     7     271 

Vice  President  of  the  United  States  to  be  President  of  the 

Senate 1     3     268 

how  elected 2     1     278 

amendment 296-7-8 

shall,  in  certain  cases, 
discharge  the  duties 

of  President 2     1     279 

may  be  removed  by  im 
peachment 2     4    282 

Vote  of  one  house  requiring  concurrence  of  the  other. ...     1     7     271 

w. 

War,  Congress  to  declare 1     8     273 

Warrants  for  searches  and  seizures,  when  and  how  they 

shall  issue,  (4th  amendment) 294 


312  INDEX   TO  THE   CONSTITUTION. 

Art.  Sec.  Page 
Witness,  in  criminal  cases,  no  one  compelled  to  be,  against 

himself,  (5th  amendment) 295 

Weights  and  measures,  standard  of. 1     8     2t3 

Y. 
Teas  and  nays  entered  on  journal 1    6    270 


THE  END. 


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